LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Onus on Party Asserting a Fact
PRINCIPLE STATEMENT
The burden of proving a particular fact is on the party who seeks to rely on it and will fail if evidence is not adduced. Such a party must discharge the onus by proving the probability of his case.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Jallco Limited v. Owoniboys Technical Services Limited (1995) NLC-2701988(SC) at p. 10; Paras D--E.
"The burden of proving a particular fact is on the party who seeks to rely on it and who will fail where such evidence is not adduced. Such a party must discharge the onus by proving through evidence which will convince the court or tribunal of the probability of his case on the point in issue."
EXPLANATION / SCOPE
He who asserts must prove. The burden rests on the party who would fail if no evidence is adduced. The principle applies to all civil proceedings. The standard is the balance of probabilities. The party must adduce sufficient evidence to tilt the scale. The rule prevents speculative claims. The court will not assume facts in favour of the party who bears the burden. The principle is fundamental to evidence law.