LEGAL NUGGETS (21):PLEADINGS.By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

 OKOEBOR v. POLICE COUNCIL & ORS (2003) LPELR-2458(SC)

ISSUE
PLEADINGS: Effect of failure to file statement of defence

PRINCIPLE
"The basic principle of law is that where a defendant fails to file a defence, he will be deemed to have admitted the claim or relief in the statement of claim. But where a paragraph of the statement of claim is notoriously false to the common knowledge of the court, like 10th July is Nigeria's independence anniversary, such a paragraph is not admissible because it is an obvious untruth." Per Tobi, J.S.C. (P. 22, paras. A-B)