EVIDENCE LAW — Affidavit Evidence — Uncontroverted Averments Deemed Admitted
Ratio Decidendi
Per Katsina-Alu, JSC, in The Honda Place Ltd v. Globe Motor Holdings Nig. Ltd. (2005) NLC-1612001(SC) at p. 8; Paras D–E:
"The law is that where the facts in an affidavit remain unchallenged and uncontroverted, the court is bound to accept those facts as established as those facts were deemed to have been admitted. … Those facts remain unchallenged and uncontroverted. The inevitable consequence is that those facts deposed to in the affidavit filed by the applicant must be deemed to have been admitted by the respondent and must also be taken as true by the court unless they are obviously false to the knowledge of the court."
Explanation / Scope
Uncontroverted affidavit facts are deemed admitted and accepted as true. The court is bound to accept them unless patently false. The principle applies to evidence law and affidavit evidence.