LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Unproven Averments — Effect
PRINCIPLE STATEMENT
A paragraph in a pleading not proved is of no avail to the party.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Adake v. Akun (2003) NLC-951996(SC) at p. 8; Paras A–B.
"A paragraph in a pleading not proved is of no avail to the party."
EXPLANATION / SCOPE
Unproved averments are disregarded. The principle applies to all civil proceedings. The party must adduce evidence to support pleaded facts. The rule prevents judgment on unsubstantiated claims. The court will not consider unproved allegations. The principle is fundamental.