LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility – Uncontradicted Evidence
PRINCIPLE STATEMENT
The trial Judge was bound to accept and act on that evidence, even if it had been minimal evidence, that p.w.2 sold the land in dispute to the appellant.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeleke & Ors v. Iyanda & Ors (2001) NLC-561996(SC) at pp. 18–19; Paras E–A.
"The trial Judge was bound to accept and act on that evidence, even if it had been minimal evidence, that p.w.2 sold the land in dispute to the appellant."
EXPLANATION / SCOPE
Where evidence is uncontradicted, the court is bound to accept and act on it—even if minimal. The opposing party had the opportunity to challenge or contradict but failed to do so. The court cannot ignore unchallenged evidence. However, the evidence must be credible and not inherently incredible. The court retains residual discretion to reject manifestly false uncontradicted evidence. But mere minimal weight does not justify rejection if the evidence is otherwise cogent. This principle encourages parties to actively challenge opposing evidence. Failure to contradict allows the court to accept the evidence as sufficient proof.