LEGAL PRINCIPLE: EVIDENCE LAW — Affidavit Evidence — Denial by Necessary Implication
PRINCIPLE STATEMENT
A denial can be express or by necessary implication. Once facts are deposed to, in order to negate the general drift of the depositions in the supporting affidavit, then such are deemed denied.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Adejugbe & Anor v. Ologunja (2004) NLC-2302000(SC) at p. 18; Paras B–C.
"A denial can be express or by necessary implication. Once facts are deposed to, in order to negate the general drift of the depositions in the supporting affidavit, then such are deemed denied."
EXPLANATION / SCOPE
Denial in affidavit evidence need not be express; denial by necessary implication suffices. Facts deposed to that negate the general drift of supporting affidavit are deemed denied. The principle applies to affidavit evidence in all proceedings. The rule prevents technical avoidance of responsive pleading. Courts will look at substance, not mere form. Implied denial is effective as express denial.
