LEGAL PRINCIPLE: EVIDENCE LAW — Uncontradicted Evidence — Court Must Accord Credibility to Uncontradicted Evidence Not Inherently Incredible
PRINCIPLE STATEMENT
Where evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and such evidence is not inherently incredible and does not offend any rational conclusion or state of physical things, the court should accord credibility to such evidence.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Mainagge v. Gwamma (2004) NLC-191998(SC) at p. 6; Paras A–C.
"It is now settled law that where an evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and such evidence proffered is not inherently incredible and does not offend any rational conclusion or state of physical things the court should accord credibility to such evidence."
EXPLANATION / SCOPE
Uncontradicted evidence that is not inherently incredible must be credited by the court. The opposing party’s failure to challenge, despite opportunity, compels acceptance. The principle applies to evidence law. The rule prevents parties from silently allowing evidence and later complaining. The court cannot reject unchallenged evidence without good reason. Inherent incredibility or irrationality are the only exceptions.
