ADMISSIONS
Definition
• An admission is defined as a statement made by a party to a legal
proceeding that acknowledges or suggests an inference about a
fact in issue or a relevant fact.
• This statement can be made verbally (oral) or in written form
(documentary).
• The key characteristic of an admission is that it tends to accept
the truth of a fact that may be disputed in court, potentially
impacting the outcome of the case.
Types of admission in court
• Express admissions - clear, direct statements acknowledging a
fact. E.g. In a theft case, a suspect admitting to having stolen an
item would be considered an express admission.
• Implied admission - not explicitly stated but can be inferred from
a party's actions or silence. It occurs when a person fails to dny an
accusation or respond in a manner that suggests acceptance of the
truth of the claim. e,g, If a defendant/accused remains silent
when accused of wrongdoing during a conversation, that silence
may be interpreted as an acknowledgment of guilt.
Types of admissions
• Formal admissions - occur within legal documents or pleadings
that are submitted to the court and are formally recognized. They
are generally accepted without need of proof. e.g. A defendant’s
acknowledgment of liability in a written settlement agreement is
a formal admission
• Informal admissions - casual or spontaneous statements made
outside formal legal proceedings. While they can be used as
evidence, their reliability may be questioned due to the context in
which they were made e.g. A casual conversation where a person
admits to a mistake or wrongdoing might be considered an
informal admission.
Legal context
• Who made the admission – are the parties directly to the suit? If
so, it is admissible. Statements made by third parties may be
admissible if they fall under certain exceptions (e.g., declarations
against interest).
• Circumstances of the admission - context in which the admission
was made is critical. If the admission was obtained through
coercion, intimidation, or duress, it may be deemed inadmissible.
• Relevance of the case - admission must be relevant to the facts in
issue or to the case at hand and should assist to resolve the
dispute. Courts will evaluate the probative value of the admission
against any potential prejudicial impact it may have.
Grounds of reception of evidence
• A party’s admission is receivable against them as proof. Such admissions
must voluntarily be made.
• Declarations, being against interest, may be admissible. In common law,
this may be admissions by dead persons.
• It will be admissible if the statements were made in his interests. For
example, if A states that B owes him a debt then sues C, C can use A’s
statement against A even though the statement was in favour of A. (See
Lucas v Delacour (1813)).
• Evidence that prove contradictions may be receivable. A party may however
be required to prove assertions
• Statement by a party may always be held to be true as against himself.
Formal admissions for trial: Civil cases
• Admissions made before commencement of proceeding
• Pre-action admissions e.g. correspondence. It only serves as evidentiary but
subject to legal efficacy before the maker abandons. Such admission may
result to summary judgment. If parties enter a consent, the pre-trial
admission is vacated.
• The court must ascertain if the withdrawal of an admission will occasion any
prejudice
• Admissions made after commencement of proceeding
• Gives notice in writing such as in a witness statement or letter
• The claimant may then make application for judgment on admission
• By a response to a written request seeking further clarification
• Must be in writing, dated, signed by person making admission or his legal representative
• Contempt od court proceedings may be made against a maker of false document
• In response to a notice on disclosure and inspection of documents
• If the defence does not deny a fact, it may be deemed as admitted. Defendant
may always amend their pleading.
• By agreement or otherwise before or during trial.
• A party intending to rely on admission should be careful not to leave any fact to be
inferred therefrom
• NOTE: Where there are several parties and judgment on admission is entered against one
defendant, it does not bar proceedings as against the others.
Formal admissions for trial: Criminal cases
• Fact given in oral evidence
Consideration by Court
• The court will consider the following factors in evaluating
admissibility
• Voluntariness – without coercion
• Relevance – to the fact in issue
• Context – circumstances e.g. if that person was aware of his rights
• Credibility – e.g based on factors such as the demeanor of the
person making the admission
Effect of admission
• It can serve a conclusive evidence of a fact in issue, meaning that the court may accept
the admitted fact as true without requiring further proof.
• By establishing certain facts as undisputed, admissions help narrow the issues to be
resolved at trial, allowing court to focus on contested issues,
• In criminal proceedings, a defendant's admission can be used against them, serving as
incriminating evidence.
• It can influence sentencing
• In civil cases, admissions can imply liability
• Admissions can facilitate settlements by acknowledging certain facts
• credibility of an admission affects its weight as evidence
• Saves judicial time
SIGNIFICANCE OF ADMISSION
• Impact on evidence - Admissions can significantly simplify legal
proceedings by establishing certain facts as true, reducing the
number of issues to be resolved at trial.
• Serve as powerful evidence, potentially swaying the judge
perception of the case.
• Strategic considerations - Deciding whether to make an admission
can involve weighing the benefits of resolving a dispute quickly
against the potential legal implications of acknowledging fault.
• In criminal cases, it may have an impact on the sentencing
PERSONAL READING
• ▼
• Part II – ADMISSIONS
• 17. Admissions defined generally.
• 18. Statements by party to suit or agent or interested person.
• 19. Statements by persons whose position or liability must be proved as against party to suit.
• 20. Statements by persons expressly referred to by party to suit.
• 20A. Proof of written statement by consent.
• 21. Proof of admissions against persons making them, and by or on their behalf.
• 22. Oral admissions as to contents of documents.
• 23. Admissions made without prejudice in civil cases.
• 24. Effect of admissions.
ASSIGNMENT
• Read on withdrawal of admissions in both civil and criminal cases
• Read: Abdalla v Republic (2020) eKLR; R v B (2008)
