LEGAL PRINCIPLE: EVIDENCE LAW – Uncontroverted Evidence – Effect Where Defendant Fails to Rebut Plaintiff’s Evidence
PRINCIPLE STATEMENT
The effect of this is that the Plaintiff's claim by her pleadings and evidence remained uncontroverted. And in the absence of any evidence of rebuttal, the plaintiff was entitled to judgment: Nwabuoku v. Ottih (1961) (Reprint) ANLR 507.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Elema & Anor v. Akenzua (2000) NLC-371995(SC) at p. 12; Para B.
"The effect of this is that the Plaintiff's claim by her pleadings and evidence remained uncontroverted. And in the absence of any evidence of rebuttal, the plaintiff was entitled to judgment: Nwabuoku v. Ottih (1961) (Reprint) ANLR 507."
EXPLANATION / SCOPE
Where a defendant fails to adduce evidence to rebut the plaintiff’s pleaded case, the plaintiff’s evidence remains uncontroverted. In such circumstances, the court is entitled to accept the plaintiff’s evidence as true and enter judgment accordingly. This does not relieve the plaintiff of proving their case; rather, it recognizes that unchallenged evidence carries weight. The defendant cannot simply rest without offering contrary evidence when the plaintiff has made out a prima facie case. Failure to rebut may result in judgment against the defendant.