LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Burden on Plaintiff Claiming Co-Ownership of Land with Defendant
PRINCIPLE STATEMENT
Plaintiffs claiming to own communally with the defendants land in the control or possession of the defendants have the burden to prove that the land is held by both parties in common. He who asserts must prove.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ewo & Ors v. Ani & Ors (2004) NLC-621997(SC) at pp. 7–8; Paras E–A.
"In the instant case, though not family land, the plaintiffs who are claiming to own communally with the defendants the land in dispute which land they acknowledge to be in the control or possession of the defendants, have the burden or onus to prove that the land in dispute is held by both parties in common. The law is very clear on the point. He who asserts must prove."
EXPLANATION / SCOPE
A plaintiff claiming co-ownership bears the burden of proof. The principle applies to land disputes. The rule is based on “he who asserts must prove.” The court will not assume co-ownership. The plaintiff must adduce evidence. The principle is well-established.