LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Onus on Plaintiff in Civil Cases
PRINCIPLE STATEMENT
In civil cases, the onus is always on the plaintiff to prove his case to the satisfaction of the trial court.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Layinka & Anor v. Makinde & Ors (2002) NLC-1341998(SC) at p. 4; Paras B–C.
"In all cases, especially civil ones, the onus is always on the plaintiff to prove his case to the satisfaction of the trial court."
EXPLANATION / SCOPE
The burden of proof in civil cases lies on the plaintiff. The plaintiff must satisfy the court on the balance of probabilities. The burden never shifts to the defendant, though the evidential burden may shift. The plaintiff cannot rely on the weakness of the defence. The principle is fundamental to civil procedure. The plaintiff must adduce sufficient evidence to establish each element of the claim. The court will dismiss the claim if the plaintiff fails to discharge the burden. The rule applies to all civil claims, including land disputes, contracts, and torts. The standard is preponderance of evidence.