Aderonpe v. Eleran (2019) 4 NWLR (Pt. 1661) 141 at 170, E: ‘At the trial court, the 1st respondent neither entered appearance nor did she file a statement of defence. The law is settled that where the evidence given by a party to any proceeding was not challenged by the adverse party who had the opportunity to do so, it is always open to the court seized of the case to acton such unchallenged evidence before it. See Isaac Omoregbe v. Daniel Lawani(1980) 3 – 4 SC 108 at 117; Odulaja v. Haddad (1973) 11 SC 35; Nigerian Maritime Services Ltd. v. Alhaji Bello Afolabi (1978) 2 SC 79 at 81; Abel Boshali v. Allied Commercial Exporters Ltd. (1961) All NLR 917; (1961) SCNLR 322.’
ISSUES ARE IMPLIEDLY JOINED ON STATEMENT OF DEFENCE
The facts constituting the defence of laches and acquiescence can be gleaned from paragraphs 13, 14, 19, 24, 29, 31, 32, 42 and 48 of the Statement of defence of the defendant/appellant. The contention of the appellant is that the weighty averments made in these paragraphs were not in any way controverted by the plaintiff/respondent....