LEGAL PRINCIPLE: EVIDENCE LAW — Uncontradicted Evidence — Effect of Failure to Contradict Testimony
PRINCIPLE STATEMENT
The evidence of the appellant, being uncontradicted is accepted by me.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at p. 16; Paras B–C.
"The evidence of the appellant, being uncontradicted is accepted by me."
EXPLANATION / SCOPE
Uncontradicted evidence must be accepted by the court where it is credible and relevant. The opposing party’s failure to challenge testimony entitles the court to rely on it. The principle applies to all civil proceedings. The rule promotes judicial efficiency and prevents strategic silence. The court cannot reject unchallenged evidence without good reason. The opposing party bears the risk of not contradicting adverse testimony.
