LEGAL PRINCIPLE: LAND LAW – Declaration of Title to Land – Burden on Plaintiff – Plaintiff Must Succeed on Strength of Own Case
PRINCIPLE STATEMENT
In all cases where a plaintiff is seeking for declaration of title to land, the burden lies on such a plaintiff to prove his case on his evidence. And will fail if he fails to discharge that burden.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Echi & Ors v. Nnamani & Ors (2000) NLC-1271994(SC) at p. 7; Paras B–C.
"In all cases where a plaintiff is seeking for declaration of title to land, the burden lies on such a plaintiff to prove his case on his evidence. And will fail if he fails to discharge that burden."
EXPLANATION / SCOPE
A plaintiff seeking declaration of title to land must prove their case on the strength of their own evidence, not on the weakness of the defendant’s case. The burden lies squarely on the plaintiff throughout. If the plaintiff fails to adduce sufficient evidence establishing their title, the action fails regardless of the defendant’s case. This principle ensures that declarations of title are granted only where the plaintiff independently proves ownership. The court cannot grant title based on the defendant’s inability to prove their own claim. The plaintiff must present credible, probative evidence of their root of title and boundaries.