LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Unchallenged Evidence — Duty of Court
PRINCIPLE STATEMENT
A fact which is not denied is deemed to have been admitted. Apart from the evidence led, the fact that an averment was not denied is enough to admit it in evidence.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Cappa and D'Alberto Ltd v. Akintilo (2003) NLC-301999(SC) at p. 12; Paras B–C.
"It is trite law that a fact which is not denied is deemed to have been admitted. Apart from the evidence led by the respondent, the fact that the averment was not denied, is enough to admit it in evidence."
EXPLANATION / SCOPE
Failure to deny an averment results in deemed admission. The principle applies to civil proceedings. The opposing party must specifically traverse allegations. The rule promotes efficiency. The court may treat un-denied facts as admitted. The principle is fundamental.