LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof in Civil Cases – Onus on Plaintiff (onus probandi; absence of counter-claim)
PRINCIPLE STATEMENT
The plaintiff has the onerous duty of establishing his claim before the court, while the defendants, in the absence of a counter-claim, have no duty to answer more than what was pleaded.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Omoborinola v. Military Governor of Ondo State (1998) NLC-1581995(SC) at p. 8; Paras D–E.
"There is no doubt that as a plaintiff he had the onerous duty of establishing his claim before the court, while the defendants in the absence of a counter-claim, had no duty to answer more than what was pleaded."
EXPLANATION / SCOPE
The plaintiff bears the burden of proving his claim. The defendant need not prove anything unless he counter-claims. The principle applies to all civil proceedings. The plaintiff cannot rely on the weakness of the defence. The rule is fundamental. The court will dismiss the claim if the plaintiff fails to prove his case. The principle promotes fairness.