LEGAL PRINCIPLE: CIVIL PROCEDURE — Unchallenged Evidence — Duty of Court Where Evidence Is Not Controverted
PRINCIPLE STATEMENT
Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the court to act on such unchallenged evidence.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okoebor v. Police Council & Ors (2003) NLC-331999(SC) at pp. 23–24; Paras D–A.
"Where evidence given by a party to any proceedings was not challenged by the opposite party who, like in the instant case, had the opportunity to do so, it is always open to the court seised of the matter to act on such unchallenged evidence before it."
EXPLANATION / SCOPE
Unchallenged evidence may be accepted by the court. The principle applies to civil proceedings. The opposing party had the opportunity to challenge but failed. The rule promotes efficiency. The court may rely on such evidence. The principle is well-established.