LEGAL PRINCIPLE: CIVIL PROCEDURE — Judgment Writing — Plaintiff’s Entitlement to Judgment — Necessity of Proving Own Case
PRINCIPLE STATEMENT
It by no means follows that because the defendant's case is rejected the plaintiff is entitled to judgment. A plaintiff is only entitled to judgment if a trial court accepts his evidence and if that evidence supports his case.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, quoting Lewis, JSC in Bornu Holding Co. Ltd. v. Alhaji Hassan Bogoco (1971) 1 All NLR 324 at 333, in Ogoyi v. Umagba (1995) NLC-1401991(SC) at pp. 16–17; Paras. E–A.
"It by no means follows that because the defendant's case is rejected the plaintiff is entitled to judgment. A plaintiff is only entitled to judgment if a trial court accepts his evidence and if that evidence supports his case."
EXPLANATION / SCOPE
The plaintiff must prove his own case, not rely on the weakness of the defence. Rejection of the defence does not automatically entitle the plaintiff to judgment. The principle applies to all civil cases. The plaintiff must adduce sufficient evidence. The court will evaluate the plaintiff’s case independently. The rule prevents default judgments without proof. The plaintiff bears the burden throughout.