Legal minds

*WAYS OF RESPONDING TO A STATEMENT OF CLAIM (IN STATEMENT OF DEFENCE): I.E. TRAVERSE, DENIAL, ADMISSION, NEGATIVE PREGNANT TRAVERSE, CONFESSION AND AVOIDANCE, SET-OFF AND COUNTERCLAIM.*

*TO TRAVERSE* means to deny the allegation in the statement of claim in the absence of same, allegations may be deemed admitted. Traverse should not be evasive Traverse could be:

1. General: denial in general terms. “SAVE OR EXCEPT as herein expressly admitted, the defendant denies each and every allegation of fact contained in the statement of claim as if same were set out and traversed seriatim”. *Mandilas and Karaberis Ltd v Lamidi Apena (1969) NMLR 199.*
Material facts must still be specifically denied (and not in an evasive manner but in its entirety) as general traverse may not suffice *Akintola v Solano (1986) 2 NWLR 598*. *Chief Ugochukwu v CCB (1996) 7 SCNJ 22.*
2.Special Travers: is an affirmative denial;
3. Common traverse denies material allegations directly;
4.Negative Pregnant Traverse.
*ADMISSION:* defendant’s acceptance of a fact previously disputed either expressly or impliedly by not denying. Such fact needs no further proof-sc 121 and 123 EA.
*CONFESSION AND AVOIDANCE:* The defendant confesses, but raises a new fact/defence to negate his confession.
*COUNTER CLAIM:* the defendant’s claim against the plaintiff (independent of the plaintiff’s claim but) in the same proceeding to which plaintiff should file defence to counter claim within 14 days. Counter-claim can still stand notwithstanding stay or dismissal of action.
*SET OFF:* is the defendant’s monetary cross-claim to reduce the plaintiff’s claim for money. Set–off revolves around plaintiff’s claim and ends with the action.
*BY*
*FELIX CHIBUIKE*
*Like, follow, and Share 🙏*
https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w