LEGAL PRINCIPLE: EVIDENCE LAW – Burden of proof – Party who would fail if no evidence were given
PRINCIPLE STATEMENT
The burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Elendu v. Ekwoaba (1998) NLC-621995(SC) at p. 23; Paras D–E.
"The burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side."
EXPLANATION / SCOPE
The legal burden rests on the party who would lose if no evidence were adduced. The principle applies to all civil proceedings. The burden is determined by the pleadings. The rule is fundamental. The party must satisfy the court on the balance of probabilities. The principle is well-established.