TORT LAW — Defamation — Damages — Effect of Uncontroverted Evidence on Assessment
Principle Statement
In the instant case leading to this appeal, the evidence of the Respondent ... which was not controverted in evidence by the Appellants ... It is now firmly settled firstly, that pleadings and forensic eloquence of a brilliant lawyer, do not constitute evidence. ... any averment of fact or facts in a pleading but not given in evidence, is or are deemed abandoned and must be discountenanced.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Oduwole & Ors v. West (2010) NLC-123-173-2003(SC) at p. 15, para. D – p. 16, para. A.
"In the instant case leading to this appeal, the evidence of the Respondent ... which was not controverted in evidence by the Appellants ... It is now firmly settled firstly, that pleadings and forensic eloquence of a brilliant lawyer, do not constitute evidence. ... any averment of fact or facts in a pleading but not given in evidence, is or are deemed abandoned and must be discountenanced."
Explanation / Scope
This principle establishes that unchallenged evidence is reliable and that pleadings alone do not constitute evidence; unproved averments are deemed abandoned. The principle applies where evidence is challenged. It ensures that pleadings are proved. The principle reflects that evidence must be adduced. It prevents reliance on unproved averments. The court must discountenance unproved averments. The principle provides guidance on the effect of unchallenged evidence.
