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ADMISSION IS NOT IPSO FACTO TRUTH OF THE CASE

Dictum

I may repeat that an admission does not necessarily mean proof of what is contained therein. An admission relied upon by any party is not ipso facto accepted to be the truth by the court once it is not in accordance with the truth of the case. It is the duty of the court to decide the case in accordance with the facts pleaded and proved to be true.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

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PRE-REQUISITE FOR AN ADMISSION TO HAVE PROBATIVE VALUE

In law it is true, and as was ably submitted by the learned counsel for the Appellant, that for an admission to have probative value it must clearly, precisely and unequivocally express the admitting mind of the person. Thus, an alleged admission lacking in exactness and firmness of purpose would not qualify as an admission. An admission must therefore, be direct and positive to be given the requisite probative weight in the ascription of probative value by the Court.

– PER B. A. GEORGEWILL, J.C.A. ZENITH BANK PLC v. WAILI (2022) – CA/A/964/2020

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NO NEED TO ESTABLISH TRUTH OF FACT ALREADY ADMITTED

There is no need to establish the truth of a fact already admitted. See Ajikawo v. Ansaido (Nig) Ltd (1991) 2 NWLR (Pt. 173) 359.

— N.S. Ngwuta, JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)

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FACTS ADMITTED NEED NO FURTHER PROOF

It is trite that a crucial fact which is admitted does not require further proof as no person would admit a fact which could work against his interest unless it is true.

— J.I. Okoro, JSC. Universal Properties v. Pinnacle Comm. Bank, NJA, Opia, Heritage, Fatogun (SC.332/2008, Friday, April 08, 2022)

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WHERE FACTS ARE ADMITTED OR NOT TRAVERSED, NO NEED FOR EVIDENCE

“11. At law where facts are admitted or not traversed in the pleadings, a party is not obliged to lead any further evidence. The documents on which the plaintiff relied on in this proceeding were all admitted by the defendant who also relied on all those documents as well as her own. In such an instance, it is not necessary for the plaintiff to provide oral evidence to prove these facts as they are admitted by the defendant. Thus, defendant’s contention that plaintiff did not provide evidence to substantiate his claims and should be deemed to have waived them is not acceptable in law and so same is respectfully rejected by the Court.”

— Ayika v Liberia (2012) – ECW/CCJ/JUD/09/12

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WHAT IS AN ADMISSION

Now an admission is a statement, oral or written (expressed or implied) which is made by a party to civil proceedings and which statement is adverse to his case. It is admissible as evidence against the maker as the truth of the fact asserted in the statement.

– Kawu, JSC. Ogunnaike v. Ojayemi (1987)

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ADMISSION OF AVERMENTS

The law is that a plaintiff’s averment of facts must be met by the defendant frontally and categorically. Once a traverse is not met directly, the defendant is taken to have admitted it. See Owosho v. Adebowale v. Dada (1984) 7 SC pg.149. Such traverse to be valid must be related to the proceeding and subsequent paragraphs of the statement of defence.

– Ogunwumiju JCA. NBC v. Olarewaju (2006) – CA/IL/43/2004

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