EVIDENCE -

ORAL EVIDENCE: Effect of the failure of a defendant to rebutt oral evidence adduced by the plaintiff

"(and this is settled in a line of decided authorities) that where a plaintiff adduces oral evidence, which established his claim against the defendant in terms of the writ or statement of claim, and that evidence is not rebutted by the defence either by challenging the same under cross-examination or by controverting the same in evidence, the plaintiff is entitled to judgment. See Nwabuoku v. Ottih (1961) All NLR 489; (1961) 2 SCNLR 232; Isaac Omeregbe v. Daniel Lawani (1980) 3- 4 S.C. 108 at 117; Onwuka v. Omogui (1992) 3 SCNJ 98 at 127, (1992) 3 NWLR (Pt. 230) 393 and recently, Olohunde & anor. v. Prof Adeyoju (2000) 6 SCNJ 470 at 495, (2000) 10 NWLR (Pt. 676) 562; Tsokwa Oil Marketing Co. Nig. Ltd. v. Bank of the North Ltd. (2002) 5 SCNJ 176 at 194; (2000) 11 NWLR (Pt. 777) 163 and Okoebor v. Police Council & 2 ors. (2003) 5 SCNJ 52 at 66, (2003) 12 NWLR (Pt.834) 444 and many others."

Per Ogbuagu, J.S.C. in Newbreed Org. Ltd. v. Erhomosele [2006] 5 NWLR (Pt.974) 499