Balonwu v. Obi (2007)
ISSUE
PLEADINGS: Need for a traverse or denial of specific facts to be specific
PRINCIPLE
"Essential allegations in a pleading or affidavit, which are not specifically traversed or denied are deemed to be admitted by the adverse party. In other words, where a person makes
specific, material and detailed allegations of facts in an affidavit, the opposing party is obligated to make specific denial and not general traverse, if he intends to join issues on the allegations of fact. Thus, a traverse or denial of specific facts must be specific and not general or evasive. In the instant case, the appellants did not make specific denials of the allegations of facts contained in the affidavit in support of the amended originating summons to the effect that they refused to obey the order of Amechi, J. The appellant simply stated in their counter-affidavit that the depositions were false, without more. The averments of the appellants could only amount to a general traverse to specific averments. See Ogusah v. Usman (2003) FWLR 1465; Bisimillahi v. Yagba East Local Government (2003) 4 NWLR (Pt. 810) 329; Okonkwo v. C.C.B. (Nig.) Plc. (2003) 8 NWLR (Pt. 822) 347; U.B.N. v. Dawodu (2003) 4 NWLR (Pt. 810) 287; F.B.N. Plc. v. Akinyosoye
(2005) 5 NWLR (Pt. 918) 340; Omin v. Etim (2003) 6 NWLR (Pt. 817) 597; Daggash v. Bulama (2004) 14 NWLR (Pt. 892) 144; Lewis & Peat (N.R.I.) Ltd v. Akhimien (1976) ALL NLR 468; Lawson-Jack v. S.P.D.C.N. Ltd (2002) 13 NWLR (Pt. 783) 180 ." Per Kekere-Ekun JCA
OTHER CITATIONS
Balonwu v. Obi (2007) 5 NWLR (Pt. 1028) 488 at 537 - 538 Paras. E - C, 549 Paras. F - H
(CA)
Balonwu v. Obi (2007) 5 NWLR (Pt 1028) 488 at 550 Paras.C- D,551- 552 Paras. D - A (CA)
CASES CITED ON ISSUE
Ogusah v. Usman (2003) FWLR 1465
Bisimillahi v. Yagba East Local Government (2003) 4 NWLR (Pt. 810) 329
Okonkwo v. C.C.B. (Nig.) Plc. (2003) 8 NWLR (Pt. 822) 347
U.B.N. v. Dawodu (2003) 4 NWLR (Pt. 810) 287
F.B.N. Plc. v. Akinyosoye (2005) 5 NWLR (Pt. 918)
340
MILORD
Comments