LEGAL PRINCIPLE: EVIDENCE – Admitted Facts – Dispensation of Evidential Proof for Admitted Facts in Civil Proceedings
PRINCIPLE STATEMENT
In civil proceedings, facts admitted require no evidential proof.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, J.S.C., in Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC) at p. 13; Para D.
"In civil proceedings, facts admitted require no evidential proof."
EXPLANATION / SCOPE
Admissions in pleadings dispense with the need for proof. The principle is based on Section 75 of the Evidence Act. The court may act on admitted facts without evidence. The rule applies to both express and implied admissions. The party making the admission is bound by it. The court may require proof in its discretion under the proviso to Section 75. The principle promotes judicial efficiency. The opposing party need not adduce evidence on admitted facts. The admission may be withdrawn only with leave. The rule applies to all civil proceedings.