LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Title to Land — Onus on Party Asserting Grant
PRINCIPLE STATEMENT
The burden of proof of title to land is on the party who asserts or claims that title. Where a plaintiff claims title to land, the burden is on him to prove the title.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ufomba & Anor v. Ahuchaogu & Ors (2003) NLC-141999(SC) at p. 23; Paras B–C.
"The burden of proof of title to land is on the party who asserts or claims that title. In other words, where a plaintiff claims title to land, the burden is on him to prove the title."
EXPLANATION / SCOPE
The plaintiff bears the burden of proving title. The principle applies to land disputes. The burden never shifts to the defendant. The rule is fundamental. The plaintiff must adduce credible evidence. The principle is well-established.