EVIDENCE – CROSS-EXAMINATION – Effect of failure to cross-examine a witness on material point

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“Interestingly, this same material piece of uncontroverted evidence was picked from the witness statement of the 1st Respondent’s witness and restated by the Appellant in paragraph 4.25 of the Appellant’s Brief. This evidence was uncontroverted and still unchallenged under cross examination. Failure to cross examine on a matter is acceptance of the fact. See Gaji v. Paye (2003) 8 NWLR (Pt. 823) 583@605. No further proof is required.” Per MARY UKAEGO PETER-ODILI, JSC in BRONWEN ENERGY TRADING LTD. v. OAN OVERSEAS AGENCY (NIG) LTD & ORS (2022-LCER-46529-SC) (Pp 31 – 31; Paras C – E)

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