EVIDENCE LAW — Documentary Evidence — Estimate — Admissibility Where No Objection Raised
Principle Statement
Both parties pleaded estimates by engineers, and both parties averred to rely on the estimates, the appellant's estimates of repairs were admitted in evidence without objection and the cross-appellant failed to adduce any evidence to the contrary, in my view, it is unjust at this stage to object to the document. If an objection was raised at the trial, the appellant would have called the engineers to testify. Unchallenged evidence ought to be accepted by the court as proof of the facts contained therein under the circumstances documentary evidence may be admitted in court proceedings through any witness by consent of the parties or without any objection.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Adim v. NBC Plc & Anor (2010) NLC-123-56-2003(SC) at p. 16; Paras A–C.
"Both parties pleaded estimates by engineers, and both parties averred to rely on the estimates, the appellant's estimates of repairs were admitted in evidence without objection and the cross-appellant failed to adduce any evidence to the contrary, in my view, it is unjust at this stage to object to the document. If an objection was raised at the trial, the appellant would have called the engineers to testify. Unchallenged evidence ought to be accepted by the court as proof of the facts contained therein under the circumstances documentary evidence may be admitted in court proceedings through any witness by consent of the parties or without any objection."
Explanation / Scope
This principle establishes that documentary evidence admitted without objection is admissible, and unchallenged evidence should be accepted. The principle applies where documents are tendered. It ensures that parties cannot later object to documents admitted without objection. The principle reflects that unchallenged evidence is reliable. It prevents parties from benefiting from their failure to object. The court must accept unchallenged evidence. The principle provides guidance on the effect of admitting documents without objection.
