LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Onus Where Issues Are Joined – Person Who Would Fail if No Evidence Adduced Must Prove
PRINCIPLE STATEMENT
It is an elementary and fundamental principle of proof that where issues are joined, the onus of proof rests on the person who would fail if no evidence was adduced.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Echi & Ors v. Nnamani & Ors (2000) NLC-1271994(SC) at p. 14; Paras A–B.
"It is an elementary and fundamental principle of proof that where issues are joined, the onus of proof rests on the person who would fail if no evidence was adduced."
EXPLANATION / SCOPE
The burden of proof rests on the party who would lose if no evidence were adduced. This determines which party bears the legal burden. The plaintiff typically bears this burden for their claims; the defendant bears it for affirmative defences. The burden may shift as issues arise. This principle helps identify the party required to adduce evidence and the standard of proof applicable. It is distinct from the evidential burden of producing evidence. The legal burden remains with the party asserting the affirmative of an issue. This rule ensures clarity in allocating proof obligations.