LEGAL PRINCIPLE: EVIDENCE LAW – Affidavit Evidence – Uncontroverted Averments – Effect
PRINCIPLE STATEMENT
Averments made in an affidavit which remained uncontradicted are deemed admitted and can properly be relied upon by the court in reaching its conclusions.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in International Bank for West Africa Ltd. & Anor v. Pavex International Company (Nigeria) Ltd. (2000) NLC-781994(SC) at p. 13; Paras D–E.
"Averments made in an affidavit which remained uncontradicted are deemed admitted and can properly be relied upon by the court in reaching its conclusions."
EXPLANATION / SCOPE
In affidavit proceedings, where a party makes specific factual averments and the opposing party fails to contradict them, those facts are deemed admitted. The court may rely on such uncontroverted averments in reaching its conclusions. This rule encourages diligent response to opposing affidavits and prevents parties from ignoring inconvenient facts. However, the rule applies only to facts within the deponent’s knowledge and not to legal conclusions or opinions. It does not relieve the court from evaluating the probative value of the evidence, but uncontroverted facts carry significant weight.