LEGAL PRINCIPLE: EVIDENCE LAW — Unchallenged Evidence — Duty of Court to Act on Uncontradicted Testimony
PRINCIPLE STATEMENT
Where evidence given by a party to any proceedings was not challenged by the opposite party who had opportunity to do so, the court of trial has a duty to act on the unchallenged evidence before it. In the instant case, it was open to the trial Judge to act on the unchallenged and uncontradicted evidence that the plaintiff reported its loss to the defendant within 21 days as provided by their contract and accept it as a true version of the case.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Leadway Assurance Company Limited v. Zeco Nigeria Limited (2004) NLC-42000(SC) at p. 9; Paras A–B.
"Where evidence given by a party to any proceedings was not challenged by the opposite party who had opportunity to do so, the court of trial has a duty to act on the unchallenged evidence before it. In the instant case, it was open to the trial Judge to act on the unchallenged and uncontradicted evidence that the plaintiff reported its loss to the defendant within 21 days as provided by their contract and accept it as a true version of the case the plaintiff sought to support."
EXPLANATION / SCOPE
A trial court has a duty to act on unchallenged and uncontradicted evidence. The principle applies to all civil proceedings. A party who fails to challenge evidence cannot later complain that the court relied on it. The rule promotes judicial efficiency and discourages tactical silence. The court may accept unchallenged evidence as the true version of the facts. The opposing party must cross-examine or present contrary evidence to avoid this consequence.