It has long been settled that the general traverse or general denial usually contained in the first paragraph of every statement of defence as in the instant case, which has earlier been quoted above, is not admissible as effective denial of essential and material allegations in the statement of claim. Such essential materials, as averments concerning the root of title of the claimant should be specifically traversed. See Akintola v. Solano (1986) 2 NWLR (Pt.24) 598, Balogun v. UBA (1992) 7 SCNJ 61, Ajibulu v. Ajayi (2013) 56 NSCQR 471, UBN v. Chimaeze (2014) 58 NSCQR 155 at 188 … The general denial in paragraph 2 of the statement of defence also does not amount to a positive denial in law. It is devoid of joining issue on the material important pleading, upon which the respondent lays claim to the property in dispute. By the established rules of pleadings, the respondent is therefore deemed to have admitted the averments. One of the functions of pleadings is to afford parties in the case adequate notice of the nature of their respective cases to each other; thereby circumscribing and fixing issues in respect of which they are in agreement and those in which they are contesting. In as much as the appellant failed to controvert the relevant pleadings of the respondent on the issue of custom of inheritance, it is deemed that there is no controversy between them on the issue of inheritance under Ebira Native Law and Custom. It is taken as having been established and needs no further proof. See Section 123 of the Evidence Act, 2011 as amended; National Investment v. Thompson Organizations and Ors (1969) 1 NMLR 99 at 103, Uredi v. Dada (1988) 1 NWLR (Pt.69) 237 S.C Jacobson Eng. Ltd. v. UBA Ltd. (1993) 3 NWLR (Pt.283) 586.
— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014
