LEGAL PRINCIPLE: EVIDENCE LAW – Proof – Presumption of Ownership – Person Providing Purchase Money
PRINCIPLE STATEMENT
That a person provides the money for the purchase of goods raises a presumption of the ownership of the goods by that person. Such presumption of ownership is consistent with human conduct. The court may presume existence of the fact of ownership by virtue of section 149 of the Evidence Act.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Nsirim v. Onuma Construction Company (Nigeria) Ltd. (2001) NLC-2031994(SC) at pp. 15–16; Paras E–A.
"That a person provides the money for the purchase of goods raises a presumption of the ownership of the goods by that person. Such presumption of ownership is consistent with human conduct. The court may presume existence of the fact of ownership by virtue of section 149 of the Evidence Act."
EXPLANATION / SCOPE
Section 149 of the Evidence Act allows the court to presume that the person who provides purchase money owns the goods. This presumption is rebuttable—the opposing party may adduce evidence that another person is the true owner. The presumption reflects ordinary human conduct: one who pays is likely the owner. The court may, not must, draw this presumption. It assists the party who paid but does not shift the ultimate burden of proof. The presumption applies to goods generally, not necessarily to land under the Land Use Act. The presumption is a tool of evidence, not substantive law.