LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Where Plaintiff Leads Prima Facie Evidence
PRINCIPLE STATEMENT
Where a plaintiff has produced evidence in support of his case which prima facie will entitle him to judgment, the defendant will need to lead some evidence to enable the court to consider on whose side the case preponderates.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeleke & Ors v. Iyanda & Ors (2001) NLC-561996(SC) at p. 17; Paras B–C.
"Where a plaintiff has produced evidence in support of his case which prima facie will entitle him to judgment, the defendant will need to lead some evidence to enable the court to consider on whose side the case preponderates."
EXPLANATION / SCOPE
Once the plaintiff adduces prima facie evidence supporting their case, the evidentiary burden shifts to the defendant. The defendant must lead some evidence to counter the plaintiff’s case; otherwise, the court may enter judgment for the plaintiff on the balance of probabilities. The legal burden remains on the plaintiff throughout, but the evidential burden shifts. The defendant cannot simply rely on the plaintiff’s failure to prove the case without contradiction. This ensures that both parties participate actively in the trial. The defendant’s evidence need not be overwhelming—enough to create doubt or tilt the balance suffices.