LEGAL PRINCIPLE: EVIDENCE LAW – Effect of Unchallenged and Unrebutted Evidence – Evidential Weight of Uncross-Examined Testimony
PRINCIPLE STATEMENT
Where witnesses testifying for a party are not cross-examined by the opposing party who had the opportunity to do so, the evidence is unchallenged and can be relied upon by the court.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Broadline Enterprises Ltd. v. Monterey Maritime Corporation & Anor (1995) NLC-1661989(SC) at p. 21; Paras D–A.
"In the present case, two witnesses testified for and on behalf of the plaintiff... It has to be stressed that none of these two witnesses was cross-examined in any way by the respondents at the trial. It cannot therefore be disputed that this is a case where the appellant's evidence before the court was not challenged in any manner by the respondents who had the opportunity of doing so."
EXPLANATION / SCOPE
Unchallenged evidence is deemed accepted. The court may rely on it. Failure to cross-examine implies acceptance of the witness’s testimony. The principle applies to both oral and affidavit evidence. The party who had the opportunity to challenge but did not cannot later complain. The rule promotes judicial efficiency. The court is not bound to accept unchallenged evidence if it is inherently incredible. The principle applies in both civil and criminal cases, though caution is required in criminal matters. The burden shifts to the party who failed to challenge.