LEGAL PRINCIPLE: APPELLATE PRACTICE — Evaluation of Evidence — Failure to Cross-Examine
PRINCIPLE STATEMENT
Failure to cross-examine a witness on a material point amounts to tacit acceptance of the truth of that evidence. It is improper for a defendant not to cross-examine on a material point and later call evidence on the matter.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at p. 11; Paras D–E.
"It has been said that the effect of failure to cross-examine a witness upon a particular matter is a tacit acceptance of the truth of the evidence of the witness. In the case of Agbonifo v. Aiwereoba (1988) 1 NWLR (Pt.70) 325, (1988) 2 SCNJ 146, this court held that it is not proper for a defendant not to cross-examine a plaintiff's witness on a material point and to call evidence on the matter after the plaintiff had closed his case."
EXPLANATION / SCOPE
Failure to cross-examine on a material fact implies acceptance. The principle applies to all trials. The party cannot later contradict unchallenged evidence. The rule promotes efficient trial practice. The opposing party must challenge evidence. The principle is well-established.