LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Unchallenged Evidence — When Trial Court May Act Upon
PRINCIPLE STATEMENT
Where evidence given by a party was not challenged by the other side who had the opportunity to do so, the court may act on such unchallenged evidence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Asafa Foods Factory Ltd. v. Alraine Nig. Ltd. & Anor (2002) NLC-511998(SC) at p. 19; Paras A–B.
"Where evidence given by a party to a proceeding was not challenged by the other side who had the opportunity to do so, it is always open to the court seized of the matter to act on such unchallenged evidence before it."
EXPLANATION / SCOPE
Unchallenged evidence may be accepted by the court. The opposing party had the opportunity to cross-examine or contradict but failed to do so. The principle applies to oral testimony and affidavit evidence. The court is not bound to accept unchallenged evidence if it is inherently incredible. The rule promotes judicial efficiency. The party cannot later complain that the evidence was not proved. The failure to challenge implies acceptance or inability to dispute. The principle applies in both civil and criminal cases, though criminal cases may require caution. The court retains residual discretion to reject manifestly false unchallenged evidence.