LEGAL PRINCIPLE: CIVIL PROCEDURE – Declaratory relief – Burden of proof on plaintiff to succeed on strength of own case
PRINCIPLE STATEMENT
In a declaratory action, the onus of proof lies on the plaintiff, and he must succeed on the strength of his own case and not on the weakness of the defence, except where the case for the defence supports the plaintiff's case.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nkwo v. Iboe (1998) NLC-2731991(SC) at p. 10; Paras A–B.
"In a declaratory action the onus of proof lies on the plaintiff and he must succeed on the strength of his own case and not on the weakness of the defence except where the case for the defence supports plaintiff's case."
EXPLANATION / SCOPE
The plaintiff must prove his own case. He cannot rely on the defendant’s weakness. The principle applies to declaratory relief. The defence may support the plaintiff’s case. The rule is fundamental. The burden never shifts. The principle is well-established.