Facts which need not be proved in Law of Evidence

Formal admission are usually contained in ?

a pleading

S.169, EA 2011

where one person has by court judgment, deed or agreement given an impression to another person and allowed such person to believe it is true or act on such behalf,. the OG would be estopped from denying that fact

S.17,EA 2011

A custom may be judicially noticed when it has been adjudicated upon once by a superior court of record

S. 20,EA

Admission is a statement,oral or documentary which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons and in circumstances mentioned in the Act

proviso of section 27, EA 2011

Admissions are not conclusive proof of the matters admitted

Facts that need not be proved

Admitted facts Facts judicially noticed Facts that are presumed Facts of common knowledge

S.21, Evidence Act

An admission by a person sued or suing in a representative capacity will only be regarded as admission where he is acting in a representative capacity

s. 258,EA 2011

Custom is a rule which in a particular district has from long usage obtained the force of law

Admissions may be?

Formal or Informal

S. 26, EA 2011

No admission is relevant, if it is made upon the express condition that evidence of it is not to be given or in circumstances in which the court can infer such agreement

S.123,EA

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 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

s.122(1), EA 2011

No fact of which the court must take judicial notice need be proved

S.196,EA 2011

Parties may exclude statements used in negotiations as admissions

Order 26, High Court Law of Lagos State

Parties to a suit may also admit facts by interrogatories

Evidence Act provision for admission

S.20

Rabiu v Abasi

SC held that a customary law can be judicially noticed on the basis of a single decision of a court of superior jurisdiction

Bunge v Governor of Rivers State

SC took judicial notice of the fact that Rivers State has a proliferation of autonomous communities,local government and recognitions if Chiefs of every grade or class

s.23, EA 2011

Statements made by a person who a party to a suit has expressly referred to as information, such expert opinion is treated as an admission

Akinlagun v Oshoboja

The case was for a declaration of title to a customary right of occupancy where the appellant had admitted in their pleadings to be a customary tenant but appealed on the basis that the respondent failed to prove title in the trial court. the court held that what is admitted need no further proof

s.123, EA 2011

The court may in its discretion still require the facts deemed admission be proved

Order 15,Rule 5(1),HCL of Lagos

Where the defendant does not refute a claim in his statement of defence,it is deemed that he has admitted that fact

s. 192, EA 2011

excludes any agreement with the legal practitioner which precludes him from giving a statement which could amount to an admission

Informal admission meaning

is a statement, oral or documentary which suggests any inference as to any fact in issue or relevant facts and which is made by a certain person and in certain circumstances.

formal admission

is made in reference to a suit pending or anticipated

B. Maufag.Nig. Ltd v MISOI Ltd

it was held that where there is documentary evidence on an aspect of a party's case, no oral evidence is admissible on that aspect, a party cannot benefit from two ways

s. 122(2), EA 2011

outlines list of matters which the court must have compulsory notice of to include: 1. Laws passed by NA/SHA in force now or previously in Nigeria 2. The assumption of office of pres., V.P, Gov, Dep. Gov., Chairman LGC 3. The course of proceedings of the NA/ SHA 4. The seals of all courts in Nigeria, seal of notaries public and all seals which any person is authorised to use by any Act or Law having force in Nigeria 5. The existence, title and national flag of every sovereign state recognised by Nigeria 6. The division of time, geographical divisions of the world, public festivals, fasts and holidays notified in the gazette 7. The territories within the commonwealth 8. Commencement, Continuance, and discontinuance of any hostilities between the FRN and other states or bodies or body 9. The names of members and officers of the court,their disputes and subordinate officers and assistants and also of all officers acting in execution of processes 10. the rule of the road on land or sea 11. All general customs, rules and principles which have been held to have a force of law in Nigeria ​

s.124,EA 2011

proof is not needed for a fact whose knowledge is not reasonably open to question 2. A fact is common knowledge on the locality which the case is being held or generally or capable of verification by reference to a good authoritative document 3. The court can acquire common knowledge in any way it deems fit 4. The court will also afford the other party the opportunity to negate such common knowledge

s. 122(4), EA 2011

the court may refuse to take judicial notice of any fact, it may refuse to do so until the person produces any book or document as it may consider necessary to enable it to do so

s. 18(1),EA 2011

where a custom cannot be established as one with judicial notice ,it shall be proved as a fact

M.W.T Nig ltd v P.T.F

where at trial, the PW1 claimed that the respondent body had been abolished without tendering any book or document showing that effect. The appellate court held that the trial court has erred by taking judicial notice without such