LEGAL PRINCIPLE: CIVIL PROCEDURE — Declaratory Reliefs — Burden of Proof on Plaintiff Seeking Declaration
PRINCIPLE STATEMENT
A declaratory relief is a discretionary remedy which will be refused where the plaintiff fails to establish his alleged entitlement to the satisfaction of the court.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ogolo & Ors v. Ogolo & Ors (2003) NLC-1931997(SC) at p. 16; Paras B–C.
"It is trite law that such a relief [declaratory relief] is a discretionary remedy which will be refused where the plaintiff fails to establish his alleged entitlement to the satisfaction of the court."
EXPLANATION / SCOPE
Declaratory relief is discretionary. The plaintiff must prove his entitlement. The principle applies to all declaratory actions. The court may refuse even if a right is shown. The rule ensures that declarations are granted only when appropriate. The principle is well-established.