APPELLATE PRACTICE — Uncontradicted Evidence — Failure to Cross-Examine on Material Evidence — Effect
Ratio Decidendi
Per Tabai, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 21; Paras E—A:
"The DW1 was extensively cross-examined at pages 36 - 37 of the record. He was however not cross-examined on the above recorded series of queries and warnings. As was rightly noted by the Court below, the evidence about the queries for misconduct and answers was uncontradicted."
Explanation / Scope
This principle establishes that where a witness is not cross-examined on material evidence, that evidence is treated as uncontradicted. The principle applies where evidence is not challenged. It ensures that unchallenged evidence is accepted. The principle reflects the effect of failure to cross-examine. It prevents parties from disputing unchallenged evidence. The court may act on the uncontradicted evidence. The principle provides guidance on the effect of failure to cross-examine.