LEGAL PRINCIPLE: CIVIL PROCEDURE — Unchallenged Evidence — Evaluation Where Defendant Absent
PRINCIPLE STATEMENT
When a defendant is absent, it does not ipso facto entitle the plaintiff to judgment. The plaintiff's evidence, though uncontradicted, must still be evaluated and appraised to determine its quality and whether the plaintiff has proved his case.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC (dissenting), in Okoebor v. Police Council & Ors (2003) NLC-331999(SC) at p. 28; Paras B–C.
"When a defendant is absent it does not ipso facto or as a matter of law, entitle a plaintiff to judgment. The evidence proffered by the plaintiff though uncontradicted must be evaluated and appraised by the trial court in order to determine its quality and see whether or not the plaintiff has proved his case."
EXPLANATION / SCOPE
Absence of the defendant does not automatically entitle the plaintiff to judgment. The principle applies to civil proceedings. The court must still evaluate the plaintiff’s evidence. The rule protects against unjust judgments. The plaintiff must prove his case on the balance of probabilities. The principle is well-established.