DAN ACKAH V. PERGAH TRANSPORT - FORI V. AYIREBI & ORS. [1966] GLR 625 per holding 6, the Supreme Court held that:

“When a party had made an averment and that averment was not denied, no issue was joined and no evidence need to be led on that averment.  Similarly when a party had given evidence of a material fact and was not cross examined upon, he need not call further evidence of that fact”.
