LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Evidential Burden – Shifting of Evidential Burden in Civil Cases
PRINCIPLE STATEMENT
In civil cases while the burden of proof initially lies on a plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from the plaintiff to the defendant and vice-versa as the case progresses. This is also referred to as the evidential burden. This is good law and good sense. For if a party calls evidence which reasonably satisfies the court that the fact sought to be proved is established, the burden would shift on his adversary against whom judgment would be given if no more evidence were adduced.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Elema & Anor v. Akenzua (2000) NLC-371995(SC) at p. 10; Paras A–B.
"In civil cases while the burden of proof initially lies on a plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from the plaintiff to the defendant and vice-versa as the case progresses. This is also referred to as the evidential burden. This is good law and good sense. For if a party calls evidence which reasonably satisfies the court that the fact sought to be proved is established, the burden would shift on his adversary against whom judgment would be given if no more evidence were adduced."
EXPLANATION / SCOPE
In civil cases, the evidential burden shifts dynamically. While the legal (persuasive) burden remains constant, the evidential burden moves as evidence is adduced. Once a party adduces sufficient evidence to establish a fact, the burden shifts to the opponent to adduce contrary evidence or risk judgment. This reflects practical reality: a party cannot simply rest after the other side has made a prima facie case. The shifting ensures that parties respond to evidence presented against them, promoting efficient trial process.