LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Competing Titles to Land
PRINCIPLE STATEMENT
In a case of competing titles, once a plaintiff succeeds in tracing his title to a person whose title to ownership has been established, the onus shifts to the defendant to show that his own possession is of such a nature as to oust that of the original owner.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okereke & Anor v. Nwankwo & Anor (2003) NLC-111999(SC) at p. 10; Paras D–E.
"It is part of the general law that in a case of competing titles, once a plaintiff succeeds in tracing his title to a person whose title to ownership has been established, then the onus shifts upon the defendant to show that his own possession is of such a nature as to oust that of an original owner."
EXPLANATION / SCOPE
Once the plaintiff establishes a root of title, the burden shifts to the defendant. The principle applies to land disputes. The defendant must prove superior title or adverse possession. The rule promotes efficiency. The principle is well-established.