EVIDENCE LAW — Unchallenged Evidence — Duty of Trial Court — Acceptance and Reliance
Principle Statement
The law is certain that where evidence before a trial court is unchallenged, it is the duty of that court to accept and act on it as it constitutes sufficient proof of a party's claim in proper cases.
Ratio Decidendi (Source)
Per I.T. Muhammad, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 40; Paras B—D.
"The law is certain that where evidence before a trial court is unchallenged, it is the duty of that court to accept and act on it as it constitutes sufficient proof of a party's claim in proper cases."
Explanation / Scope
This principle establishes that unchallenged evidence must be accepted and acted upon by the trial court as sufficient proof. The principle applies where evidence is not challenged. It ensures that courts rely on unchallenged evidence. The principle reflects that unchallenged evidence is conclusive. It prevents courts from ignoring uncontroverted evidence. The court must accept and act on it. The principle provides guidance on the effect of unchallenged evidence.
