EVIDENCE LAW — Unchallenged Evidence — Duty of Court Where Defendant Fails to Call Evidence
Ratio Decidendi
Per Ogbuagu, JSC, in Owners of M/V Gongola Hope & Anor v. Smurfit Cases Nigeria Ltd & Anor (2007) NLC-123-121-2002(SC) at p. 20; Paras D–E:
"Where the evidence of a Plaintiff is unchallenged and uncontroverted and particularly, where the opposite party or side, had the opportunity to do so, it is always open to the trial court seised of the matter, to accept and act on such unchallenged and/or uncontroverted evidence before it."
Explanation / Scope
This principle establishes that where a defendant fails to challenge or controvert the plaintiff’s evidence despite having the opportunity, the trial court may accept and act on that evidence. The court is not bound to demand further proof. The principle applies where the defendant calls no evidence or fails to cross-examine effectively. It recognizes that uncontroverted evidence carries weight. However, the court must still evaluate the evidence for credibility and plausibility. The principle prevents defendants from passively observing proceedings and later complaining. The court must be satisfied that the evidence is credible. The principle applies in civil proceedings.