LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — On Party Making Assertion
PRINCIPLE STATEMENT
It is elementary law that a party who makes an assertion must prove the truth of it in order to succeed in the action.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Adake v. Akun (2003) NLC-951996(SC) at p. 8; Paras B–C.
"It is elementary law that a party who makes an assertion must prove the truth of it, in order to succeed in the action."
EXPLANATION / SCOPE
He who asserts must prove. The principle applies to all civil (and criminal) proceedings. The burden lies on the party making the assertion. The rule is fundamental. The court will not assume facts not proved. The party must adduce evidence. The principle is well-established.