EVIDENCE ADMITTED IS SUBJECT TO BE TESTED AND EVALUATED

SILENCE COULD AMOUNT TO ACCEPTANCE

It is a settled principle of law that where an adversary or a witness called by him testifies on a material fact in controversy in a case, the other party should, if he does not accept the witness’s testimony as true, cross-examine him on that fact, or at least show that the he does not accept the evidence as true, where, as in this case, he fails to do either, a court can take his silence as an acceptance that the party does not dispute the facts.

– Nnaemeka-Agu JSC. Amadi v. Nwosu (1992)

NOT CHALLENGING REJECTION OF EVIDENCE

Akpasubi v. Umweni (1982) All N.L.R. 306 at 308 where the Supreme Court held that “It is elementary I think that once a trial court rejected the evidence of a witness and the Judge’s decision in regard thereto has not been challenged on appeal that is the end of that evidence for ever”.

AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

It is already a settled law that an affidavit evidence constitutes evidence and must be so construed, hence, any deposition therein which is not challenged or controverted is deemed admitted.

– O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011

WHEN TESTIMONY OF WITNESS IS EXAGGERATED

To my mind, when the testimony of a witness has reached or attained the height of insipid or impotent exaggerations it should be disregarded as mere petulance and treated with ignominy.

– Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999