EVIDENCE LAW — Unchallenged Evidence — Court’s Discretion to Accept — Defendant’s Failure to Testify Does Not Automatically Entitle Plaintiff to Judgment
Ratio Decidendi
Per Musdapher, JSC, in Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC) at p. 9; Paras D–F:
"The law in my view settled that 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 proceedings to act on the unchallenged evidence before it. Unchallenged and uncontradicted evidence ought to be accepted by the court as establishing the facts therein contained."
Explanation / Scope
Where evidence is unchallenged, the court may accept it as establishing the facts contained therein. However, the defendant’s failure to testify does not automatically entitle the plaintiff to judgment; the plaintiff must still prove the case on the balance of probabilities. The court must evaluate the unchallenged evidence for credibility and rationality before accepting it. This principle balances the weight of unchallenged evidence with the plaintiff’s duty to prove its case.