PRINCIPLE STATEMENT

Although uncontradicted evidence may ordinarily be accepted as true, the court is not bound to accept testimony that is willfully false, incredible, improbable, or falls sharply below the standard expected in a particular case.

RATIO DECIDENDI (SOURCE)

Per Pats-Acholonu, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at p. 17; Paras A–B.
"Although it is the general rule that uncontradicted evidence from which reasonable people can draw but one conclusion may not ordinarily be rejected by the court but must be accepted as true, it is also true to say that the court is not in all the circumstances bound to accept as true testimony an evidence that is uncontradicted where it is willfully or corruptly false, incredible, improbable or sharply falls below the standard expected in a particular case."
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EXPLANATION / SCOPE

Uncontradicted evidence may be rejected if incredible. The principle applies to evidence law. The court retains discretion to assess credibility. The rule prevents acceptance of obviously false testimony. The court will evaluate inherent plausibility. The principle is well-established.

CASES APPLYING THIS PRINCIPLE

None recorded.