U.D.F.U. v. Kraus (2001) 24 WRN 78 @ p. 91, where it was held firmly inter alia thus: “The law is unequivocal that a fact admitted by the Defendant in his pleading must be taken by a Court of law as established and should therefore be treated as one of the agreed facts between the parties to the suit. Indeed, these facts are directly admitted as in the instant case or deemed admitted as provided for in the Rules of Court dealing with pleadings, such averments do not need to be processed in Court … The judgement of the Court delivered on 17|2|97 based on the admission cannot be faulted.”
A PARTY IS FREE TO PROVE HIS CASE BY ANY MEANS HE DEEMS APPROPRIATE
“10. Defendant contended that the fact that the plaintiff did not’ testify himself or call witnesses to testify on his behalf amounts to a waiver of his claim as there is no substantiating evidence upon which judgment can be granted in his favour. Defendant urged the Court to dismiss the plaintiff’s claim as it is unverified and unsubstantiated. With respect, this position canvassed by the defendant is not tenable at law. A plaintiff can prove his case either by relying on documents or by providing oral evidence or he could use a combination of both. A party is free to prove his case by any means he deems appropriate.”
— Ayika v Liberia (2012) – ECW/CCJ/JUD/09/12