LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Prima Facie Case – Balance of Probabilities
PRINCIPLE STATEMENT
In land matters, as in other civil matters, proof is on the balance of probabilities. It is the law that once plaintiff in a civil matter shows a prima facie case, the balance of probabilities will be in his favour unless the defendant's case tilts that balance.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JCA (as he then was), quoted with approval in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at p. 7; Paras D–E.
"In land matters, as in other civil matters, proof is on the balance of probabilities. It is the law that once plaintiff in a civil matter shows a prima facie case, the balance of probabilities will be in his favour unless the defendant's case tilts that balance."
EXPLANATION / SCOPE
The standard of proof in civil land matters is the balance of probabilities. Once the plaintiff establishes a prima facie case, the evidentiary burden shifts to the defendant to tilt the balance. The court weighs the evidence of both parties and decides which is more probable. The plaintiff’s case need not be proved beyond reasonable doubt—only that it is more likely than not true. The defendant’s case may tip the balance back if sufficiently credible. The court considers the totality of evidence. The prima facie case must be based on credible, admissible evidence, not mere assertion.