Lagos---His Lordship, Hon. Justice I. G. Nweneka of the National Industrial Court, Lagos Judicial Division has dismissed the application for judgment on admission filed by Mrs. Elizabeth Elghoche against Royal Exchange Microfinance Bank for being premature.
The court held that an admission which will entitle a party to judgment must be full, clear, unequivocal and freely made by the party.
From facts, claimant- Elizabeth submitted that the firm expressly admitted the sum of N3, 209,593.00 [three million, two hundred and nine thousand, five hundred and ninety-three naira] as part of her entitlement having been disengaged on the 28th July 2017 on unequivocal admission freely made by the Defendants.
In opposition, Learned counsel for the Defendants also submitted for determination whether the Honourable Court is entitled to grant the Applicant’s Motion on Notice for judgment upon an alleged admission by the firm, further submitted that the admission is equivocal, conditional and urged the Court to dismiss the application.
Delivering the ruling after evaluation of the submission of both counsel, the presiding Judge Justice Nweneka held that the essential ingredient of admission as contained in the Evidence Act and the Rules of the Court has not been satisfied.
“However, the law is settled that an admission which will entitle a party to judgment must be full, clear, unequivocal and freely made by the party.†Justice Nweneka ruled.
