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FACTS ADMITTED NEED NO FURTHER PROOF

Dictum

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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COURT CAN SUO MOTO EXPUNGE EARLIER ADMITTED EVIDENCE IF ERROR IN ADMISSION IS DISCOVERED LATER

On the sub issue as to whether the court has the power to expunge from its record evidence or documents earlier admitted without objection by counsel, it is settled law that the courts can do that and has been doing that over the years; see NIPC Ltd. v. Thompson Organization Ltd. (1966) 1 NMLR 99 at 104 where LEWIS, JSC stated the law as follows:- “It is of course the duty of counsel to object to admissible evidence and the duty of trial court any way to refuse to admit inadmissible evidence, but if notwithstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court to when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted”.

— Onnoghen, JSC. Kubor v. Dickson (2012) – SC.369/2012

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MEANING OF ADMISSION IN LAW

In law, admission: is a concession or voluntary acknowledgement made by a party of the existence of certain facts; a statement made by a party of the existence of a fact which is relevant to the cause of his adversary; a voluntary acknowledgment made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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ADMITTED NEED NO FURTHER PROOF

As in law what is admitted need no further proof Kamalu v. Umunna (1997) 5 NWLR (Pt.505) 321 at 326.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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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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ADMISSION IN EVIDENCE

Thus, where both parties have agreed on a fact in issue, no further proof of such fact was necessary as it ceases to be an issue between them:-See Chief Okparaeke of Ndrakaeme & Ors. V. Egbuonu & Ors. (1941) 7 W.A.C.A. 53. In Chief Nwizuk & Ors. v,. Eneyok & Ors. (1953) 14 W.A.C.A. 354, it was held that admissions under this section are not confined to written nor documentary admissions. They include oral admissions if made clearly in open court during the proceedings. Admissions may also be by implication where there is a failure positively to deny an allegation. In Hill V Hogg (1854) 4 Allen (New Brunswick) R 108 it was held that an admission and a confession to the commission may be given in evidence in proof of an imputation.

— Karibe-Whyte, JSC. Din v. African Newspapers (1990)

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WHERE FACT NOT COUNTERED IN LAW, IT IS DEEMED ADMITTED

In the two separate counter-affidavits filed by the appellant in response to the affidavits in support of the Notices of intention to rely upon Preliminary Objection by the respondents there is no averments which countered the facts deposed to by the respondents in their respective affidavits in support as summarised above. The law is well settled that any fact which has not been categorically countered or denied by a party, that fact is deemed admitted in law by the other party. See: Nzeribe v. Dave Eng, Co. Ltd (1994) 8 NWLR (Pt.361) 124; Omoregbe v. Lawani (1980) 3-4 SC 108. See also section 75 of the Evidence Act, LFN, Cap.112, 1990.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

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