LEGAL PRINCIPLE: EVIDENCE LAW — Evidence Led by Party — May Be Relied Upon by Opponent
PRINCIPLE STATEMENT
Evidence led by a party can be fully relied on by the other party either to establish his case or to damage or demolish the case of the person leading the evidence.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Iheanacho & Ors v. Chigere & Ors (2004) NLC-1512000(SC) at p. 6; Paras C–E.
"Evidence led by a party can be fully relied on by the other party either to establish his case or to damage or demolish the case of the person leading the evidence vide Edokpolor & Co. Ltd. v. Bendel Insurance Co. (1997) 2 NWLR (Pt.486) 133 at 140-141; Ajagungbade III v. Laniyi (1999) 13 NWLR (Pt.633) 92 at page 114 and Ezeogu v. Omvuchekwa (1997) 4 NWLR (Pt.502) 689 at pages 707-708."
EXPLANATION / SCOPE
A party may rely on evidence adduced by the opponent to establish its own case. Such evidence can also be used to damage or demolish the opponent’s case. The principle applies to all civil proceedings. The rule recognizes that evidence once admitted belongs to the court. The court may use evidence from any source to reach a just decision. A party cannot object to the opponent using its own evidence against it.