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Rebutting facts deposed in an Affidavit
Facts deposed to in an affidavit, if not countered by an opposing party is deemed admitted. Thus, the defendant or claimant as the case maybe, is seen to have accepted everything said in that affidavit for and against him.
However, if it happen that the affidavit contains facts that are not true. The opposing party is to file a counter affidavit rebutting the facts in the former affidavit.
This can not be done by Oral arguments or by filing a motion, but a counter affidavit.
See the case of L.O.Y Nig Ltd V. U.B Plc. (2017) ALL FWLR (873) p.g 1653 at 1668, para C-G.
Last updated: July 14, 2025