LEGAL PRINCIPLE: EVIDENCE LAW — Unchallenged Evidence — Court May Act Upon It
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 before it.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 12; Paras A–B.
"Where evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seized of the matter to act on such unchallenged evidence before it."
EXPLANATION / SCOPE
Unchallenged evidence may be acted upon by the court. The opposite party’s failure to challenge, despite opportunity, allows reliance on that evidence. The principle applies to all civil proceedings. The rule prevents parties from silently allowing evidence and later complaining. The court may accept unchallenged evidence as true. The opposing party bears the risk of not cross-examining or contradicting.
