LEGAL PRINCIPLE: EVIDENCE LAW — Unchallenged Evidence — Effect of Failure to Cross-Examine on Material Facts
PRINCIPLE STATEMENT
Evidence not challenged in cross-examination remains valid and can be relied upon, even if some details were not pleaded.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Umoru & Anor v. Zibiri & Ors (2003) NLC-1231999(SC) at p. 12; Paras B–C.
"This evidence was not challenged in cross-examination by the appellants, so that even if the detail of the dates of reign of the village heads was disregarded for not being pleaded, this evidence still stands."
EXPLANATION / SCOPE
Unchallenged evidence is deemed accepted. The principle applies to all trials. Failure to cross-examine on material facts implies acceptance. The rule promotes efficiency. The court may rely on unchallenged evidence. The principle is well-established.