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NO NEED TO ESTABLISH TRUTH OF FACT ALREADY ADMITTED

Dictum

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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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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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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WRONGFUL ADMISSION OF EVIDENCE MAY NOT BE A GROUND FOR THE REVERSAL OF THE TRIAL COURT’S DECISION

Thus, where such evidence is by error or otherwise admitted, then it is the duly of the trial court to expunge it in giving its judgment. If it fails to do so, the appeal court will reject such evidence and consider the case in the light of the legally admitted evidence See Owoniyi v. Omotoso (1961) 2 SCNLR 57, (1961) All NLR 304; Alase v. Ilu (1964) 1 All NLR 390. In any event, it is trite that wrongful admission of inadmissible evidence is not of itself a ground for the reversal of any decision. Similarly, the wrongful exclusion of admissible evidence is not of itself a ground for the reversal of any decision. All these are however dependent on the view held by the appeal court on whether the evidence wrongly admitted or wrongly excluded would have the effect of changing the decision even if admitted or excluded.

— I.T. Muhammad JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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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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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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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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