LEGAL PRINCIPLE: EVIDENCE LAW — Uncontradicted Evidence — Court Must Accord Credibility to Uncontradicted Evidence Not Inherently Incredible
PRINCIPLE STATEMENT
Where evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and such evidence is not inherently incredible and does not offend rational conclusion, the court should accord credibility to such evidence.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Mainagge v. Gwamma (2004) NLC-191998(SC) at p. 6; Paras A–C.
"It is now settled law that where an evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and such evidence proffered is not inherently incredible and does not offend any rational conclusion or state of physical things the court should accord credibility to such evidence."
EXPLANATION / SCOPE
Unchallenged evidence must be accepted if credible. The principle applies to all trials. The court will not disregard uncontradicted evidence. The rule promotes efficiency. The opposing party must challenge evidence. The principle is well-established.