EVIDENCE LAW — Expert Evidence — Uncontradicted Expert Evidence — Court May Act on It Where Credible
Principle Statement
The trite position of the law here, too, is that any evidence that is unchallenged or uncontroverted, the trial court has a duty to act on it where credible.
Ratio Decidendi (Source)
Per Muhammad, JSC, in Kaydee Ventures Ltd. v. The Hon. Minister of Fed. Capital Territory (2010) NLC-123-264-2002(SC) at pp. 35; Paras D-E.
"The trite position of the law here, too, is that any evidence that is unchallenged or uncontroverted, the trial court has a duty to act on it where credible."
Explanation / Scope
This principle establishes that unchallenged or uncontroverted evidence that is credible must be acted upon by the trial court. The principle applies where evidence is not challenged. It ensures that courts rely on credible uncontroverted evidence. The principle reflects that unchallenged evidence carries weight. It prevents courts from ignoring credible evidence. The court must determine credibility. The principle provides guidance on the effect of unchallenged evidence.
