2.
(1) Any party to a proceeding may give notice by his pleading or otherwise in writing that he
admits the truth of the whole or part of the case of any other party and the Court may receive such
notice in evidence as an admission without further proof.
3.
When a party wishes to challenge the authenticity of any document, he shall, not later than seven
days of service of that document give notice that he does not admit the document and requires it
to be proved at the trial.
4.
Where a party gives notice of non-admission and the document is proved at the trial the
cost of proving the document, which shall not be less than a sum of five thousand naira,
shall be paid by the party who has challenged it unless at the trial or hearing the judge shall
certify that there were reasonable grounds for not admitting the authenticity of the document.
Notice to admit facts.
3.
(1) Either party may after close of pleadings, by notice in writing, filed and served, require any other
party to admit any specific fact or facts mentioned in the notice, and the party so served shall not
later than fourteen days after service give notice of admission or non-admission of the fact or facts
failing which he shall be deemed to have admitted it unless a judge otherwise orders.
(2)
Any admission made pursuant to such notice shall be deemed to be made only for the purpose
of those particular proceedings and not as an admission to be used against the party or any other
party than the party giving the notice.
(3)
Where there is a refusal or neglect to admit the same within fourteen days after service of such
notice or within such further time as may be allowed by the Judge, the cost of providing such
fact or facts which shall not be less than a sum of five thousand naira, shall be paid by the party so
refusing or neglecting whatever the result of the proceedings; unless the Judge certifies that the
refusal to admit was reasonable or unless the Judge at any time otherwise orders or directs.
Judgment or order upon admission of facts.
4.
The judge may, on application at any stage of the proceedings where admissions of facts
have been made either on the pleadings or otherwise, make such orders or give such Judgment as
upon such admissions a party may be entitled to, without waiting for the determination of any
other question between the parties.
5.
Costs, where documents unnecessary.
Where a notice to admit or produce comprises documents that are not necessary, the costs occasioned
thereby, which shall not be less than five thousand naira, shall be borne by the party giving such
notice.
ORDER 16
PROCEEDINGS IN LIEU OF DEMURRER
Demurrer abolished.
1.
No demurrer shall be allowed.