EVIDENCE - ADMISSION/ADMITTED FACT(S): Whether admission/admitted facts need further proof
EVIDENCE - ADMISSION/ADMITTED FACT(S): Whether admission/admitted facts need further proof.
"What is admitted in the statement of defence discharge the plaintiff of further proof at the trial. Section 123 of the Evidence Act, 2011 reads as follows:-
"123. No fact needs to be proved in any civil proceeding which the parties to the proceeding or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings:
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions."
See Andony vs. Ayi II & Ors. (2004) All FWLR (Pt. 227) 444 at 482; Elendu vs. Ekweoba (1995) 3 NWLR (Pt.386) 704 at 747.
No one sets out to prove that which has not been denied. See Olale vs.
Ekwelendu (1989) 7 SCNJ (Pt.2) 62 at page 102."
Per TUR, J.C.A.
AONDO v. BENUE LINKS (NIG) LTD
CITATION: (2019) LPELR-46876(CA)