In the counter-affidavit filed on 5 June, 1992, the Respondents did not deny these weighty statement of facts. The effect of their failure to deny these facts is that those facts are deemed to be admitted and are no longer in controversy. When positive assertions are made in an affidavit which go to the root of the application, it is incumbent on the opposite party to deny such positive allegations clearly and specifically. When the assertions are left undenied, the court is bound to accept those assertions as proved and such assertions may be used in favour of the deponent and against the adverse party. (See Nwosu v. Imo State E.S.A. (1990) 2 NWLR (pt.135) 688, 721A, 735A-B; Alagbe v. Abimbola (1978) 2 S.C. 39; Abeo v. Ogunyemi (1990) 3 NWLR (Pt.141) 758,762 E-F.)
— O. Kolawole JCA. Ladoke & Ors. V. Olobayo & Anor. (CA/L/137M/92 , 17 July 1992)