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.
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