LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Shifting of Burden in Civil Cases
PRINCIPLE STATEMENT
If a party adduces evidence that ought reasonably to satisfy a jury that the fact sought to be proved is established, the burden lies on the party against whom judgment would be given if no more evidence were adduced; and so on successively until all issues are dealt with.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Braimah v. Abasi & Anor (1998) NLC-1221992(SC) at pp. 10; Paras B–C.
"If such party adduces evidence which ought reasonably to satisfy a jury that the fact sought to be proved is established, the burden lies on the party against whom judgment would be given if no more evidence were adduced; and so on successively, until all the issues in the pleadings have been dealt with."
EXPLANATION / SCOPE
The evidential burden shifts as the trial progresses. The legal burden remains with the party asserting the claim. The principle applies to all civil cases. The court must identify who bears the evidential burden at each stage. The rule promotes a structured approach to evidence. The party who would lose if no further evidence is adduced must adduce evidence. The principle ensures that both parties participate actively.
