LEGAL PRINCIPLE: EVIDENCE LAW – Unchallenged Evidence – Court May Act Upon Unchallenged Evidence
PRINCIPLE STATEMENT
The law is well settled that where the evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the case to act on such unchallenged evidence before it.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olohunde & Anor v. Adeyoja (2000) NLC-151995(SC) at p. 16; Paras A–C.
"The law is well settled that where the evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the case to act on such unchallenged evidence before it."
EXPLANATION / SCOPE
Unchallenged evidence—where the opposing party had opportunity to challenge but did not—can be acted upon by the court. Failure to cross-examine or contradict evidence implies acceptance or inability to dispute. The court may accept such evidence as true. This applies to oral testimony, documents, and affidavits. The opposing party cannot later complain that the evidence was not proved. The opportunity to challenge must have been real. This rule encourages parties to actively test opposing evidence. However, unchallenged evidence must still be credible and not inherently incredible. The court retains residual discretion to reject obviously false unchallenged evidence.