LEGAL PRINCIPLE: CIVIL PROCEDURE — Burden of Proof — Plaintiff Must Show Prima Facie Case Before Consideration of Defence
PRINCIPLE STATEMENT
A plaintiff must show a prima facie case before the need to consider the defendant's case arises; this is a pre-test, and the case is then decided on the balance of probabilities after the defence adduces evidence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Agu v. Nnadi (2002) NLC-1541998(SC) at pp. 18–19; Paras E–A.
"In law, a plaintiff must show a prima facie case before the need to consider the defendant's case can arise. This is a pre-test that the burden is on a plaintiff to prove his case, and when the defendant adduces evidence the case is then decided on the balance of probabilities."
EXPLANATION / SCOPE
The plaintiff must first establish a prima facie case. Only then does the court consider the defendant’s evidence. The principle ensures that the plaintiff bears the initial burden. The defendant is not required to respond until the plaintiff has made a prima facie showing. The case is ultimately decided on the balance of probabilities after both parties have adduced evidence. The rule applies to all civil cases. The court may dismiss the claim if the plaintiff fails to make a prima facie case. The principle prevents unnecessary defence evidence. The prima facie case must be based on admissible evidence. The standard is whether the evidence, if believed, would entitle the plaintiff to judgment.
