Ratio Decidendi

Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 21; Paras A—B:

"It is well settled that where evidence given by a party in proceedings is not challenged by the adverse party who had the opportunity to do so, the court ought to act positively on the unchallenged evidence before it."

Explanation / Scope

This principle establishes that where evidence is not challenged by the adverse party who had the opportunity to do so, the court should act positively on the unchallenged evidence. The principle applies where evidence is unchallenged. It ensures that unchallenged evidence is accepted. The principle reflects the effect of failure to challenge. It prevents parties from disputing unchallenged evidence. The court must act on the evidence. The principle provides guidance on unchallenged evidence.

Cases Applying This Principle