Principle

CIVIL PROCEDURE — Pleadings — Burden of Proof — Plaintiff Must Prove Root of Title When Title is in Issue

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A plaintiff claiming exclusive right to land must plead and prove that right. The burden is on the plaintiff. The principle applies to all claims of title. The plaintiff cannot rely on the weakness of the defence. The court will not assume ownership without proof.…

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