147

A statement made by a nominal party may also be binding on the real

party.
iv. Parties who have a joint interes
t (other than in tort) bind each other. Examples are:

Admissions of joint tenants partners and co

contractors, provided

the interest is
joint (not common) and the admission is made during the existence of
joint interest.

An acknowledgement of a statute
b
arred debt made by one debtor does not revive
the debt against the other; nor admission of co
defendants against each other.
v. Predecessors in titles admission against successors, where the title
to property
is
in
question
vi a statement made in the pres
ence of a party (or his or her agent) whether by words or
conduct, he or she can be deemed to have admitted its truth.
vii A document in a partys possession, which he or she has adopted
or acted upon.
Let us take further illustrations
Akinbiyi V. Anike
(1959) P sues to recover a sum of money alleged to have been paid
by him
on behalf of D.D. counter


claimed for the return of some of her goods wrongly detained by
P. In support, she sought to tender in evidence a list of her goods and
value. P did not ob
ject
nor also cross examined D as to the accuracy. Held failure to cross
examine as to the
accuracy of the list was an admission that it was correct.
Oloko V Oloko
(1961)
R cross petitioned for dissolution of marriage with P. on grounds of
adultery, R mad
e
allegation of adultery by P. to a police officer in her presence and to
her hearing but P did
not deny. Held failure to deny is insufficient proof of an admission of
adultery.
Basele V Stern
(1877)
P. sued D for breach of promise of marriage and called
her sister who deposed to the fact
that she heard P say to D. You know, you always promised to marry
me, and now you dont
want to keep your words D did not answer beyond giving her money
to induce her to go
away. Held silence amounted to an admission o
f promise to marry.
Wieldemann v Walpole
(1981).
It was held that Ds failure to reply to letter from P. in which
P stated that D had promised to mar