ORDER 29 - ADMISSION S

ADAMAWA
ORDER 29 - ADMISSIONS

1. Any party may give notice by his pleading or otherwise in writing that he admits the troth of the whole or any part of the case of any other party.

2.-(1) Any party may, by leave of Court obtained in a motion on notice, call upon any other party to admit any document or fact, saving just exceptions.

(2) A notice containing a list and where possible true copies of the documents or, as the case may be, a clear statement of each fact, to be admitted shall be filed with the motion papers and served on the party being called upon to admit the same.

(3) The Court, if it grants such leave, shall fix the terms and conditions thereof, including the time within which the admission is to be made.

(4) If a party on whom a notice under paragraph (2) is served desires to deny the existence or the authenticity of any fact or document, therein specified he shall, before the day fixed for hearing the motion, serve on the party by whom it was given a notice stating that he does not admit the facts or the, authenticity of the documents and that he requires that the same be proved at the trial.

(5) A party who fails to give a notice of non-admission in accordance with paragraph (4) in relation to any fact or document shall be deemed to have admitted that fact or the authenticity of that document unless the court otherwise orders.

(6) Except where role 4(3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the documents specified in the notice at the trial of the cause or matter.

3.(1) Where admissions of fact are made by a party either by his pleadings or otherwise, any other party may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.

(2) An application for an order under this role may be made by motion or summons.

4.-(1) Subject to paragraph (2) and without prejudice to the right of a party to object to the admission in evidence of any document, a party on whom a list of documents is served in pursuance of the provisions of Order 31, shall, unless the Court otherwise orders, be deemed to admit :

(a) that any document described in the list as an original document is such a document and was printed, written, signed or executed and it purports respectively to have been; and

(b) that any document described therein as a copy is a true copy.

(This paragraph does not apply to a document the authenticity of which the party has denied in his pleading).

(2) If before the expiration of 14 days after inspection of the documents specified in a list of documents or after the time limited for inspection expires, whichever is the later, the party on whom the list is served, serves on the party whose list it is, a notice stating, in relation to any document specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admissions in relation to that document under paragraph (1).

(3) A party by whom a list of documents is served on any other party in pursuance of any provision of Order 31 shall be deemed to have been served by that other party with a notice requiring him to produce at the trial of the cause or matter such of the documents specified in the list as are in his possession. custody or power.

(4) The foregoing provisions of this rule apply in relation to an affidavit made in compliance with an order under the provisions of Order 31 as they apply in relation to a list of documents served in pursuance to any provision of that Order.

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