APPELLATE PRACTICE — Unchallenged Depositions — Effect in Law
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 11, paras. D–E:
"The respondents' depositions countering the facts relied upon by the appellants have not been challenged and the implication in law for not having done so is that the court is at liberty to act on the unchallenged depositions of the respondent."
Explanation / Scope
This principle establishes that unchallenged depositions may be acted upon by the court. The principle applies where affidavit evidence is not challenged. It ensures that unchallenged evidence is given weight. The principle reflects that evidence stands unless challenged. It prevents parties from ignoring evidence they dispute. The court may act on unchallenged depositions. The principle provides guidance on the effect of unchallenged depositions.