Ratio Decidendi

Per Mukhtar, JSC, in Chabasaya v. Anwasi (2010) NLC-123-238-2004(SC) at p. 9, paras. A–B:

"Evidence that is relevant to the issue in controversy, and that is not successfully challenged, contradicted, and discredited is good and reliable evidence to which probative value, ought to be ascribed and, which ought to influence the judge in the determination of the case before it."
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Explanation / Scope

This principle establishes that evidence that is relevant and not successfully challenged, contradicted, or discredited is reliable and should be ascribed probative value. The principle applies in all proceedings. It ensures that unchallenged evidence is given weight. The principle reflects that evidence stands unless challenged. It prevents courts from ignoring credible evidence. The court must ascribe probative value. The principle provides guidance on the reliability of unchallenged evidence.

Cases Applying This Principle

Pada Chabasaya v. Joe Anwasi