his (applicant) help, Fahad Umar run and entered their house and therefore cannot be arrested at that point.” It is trite law that in cases that are being fought on the basis of affidavits as in this case, the evidence is what is averred in the affidavit on oath. - NIC v. Aminu {2012} 8 NWLR pt 1302 p 330 - Onujabe V. Idris {2012} 2 NWLR pt 1284 p 285 It is also trite law that evasive denials in a counter affidavit, are often taken or counted as admissions because evasive denial alone without more cannot amount to controverting the evidence earlier averred. - Danladi V. Dangiri {2015} 2 NWLR pt 1442 p 124 - Ugwuanyi V. NICON Insurance plc {2013} 11 NWLR pt 1366 p 546 Similarly, a general denial or traverse in a counter affidavit of many paragraphs in an opponent’s main affidavit without more, is in Law ineffectual as against specific allegations of fact in the main affidavit - UBN PLC V. Awmar Properties ltd {2018} 10 NWLR pt 1626 p 64 - Ugwuanyi V. NICON Insurance plc {supra}. The law is also trite that where the contents of a counter affidavit specifically attack or challenge the specific allegations of fact made in the adversary’s affidavit as in this case, then the court is duty bound to give the affidavit evidence in the counter affidavit, a worthy consideration. 14

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