LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Burden Lies on Plaintiff to Prove Case
PRINCIPLE STATEMENT
By section 14 of the Evidence Act, a custom which is not noticed judicially must be proved by evidence in court, and the burden of proof lies upon the person alleging its existence. The initial burden to prove the case is on the plaintiffs/respondents. It is after such proof that the evidential burden falls on the appellants/defendants.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Iheanacho & Ors v. Chigere & Ors (2004) NLC-1512000(SC) at pp. 22–23; Paras E–A.
"By section 14 of the Evidence Act, a custom which is not noticed judicially must be proved by evidence in court, and the burden of proof lies upon the person alleging its existence. ... The initial burden to prove the case is on the plaintiffs/respondents. It is after such a proof that the evidential burden falls on the appellants/defendants."
EXPLANATION / SCOPE
The burden of proving a custom lies on the person alleging its existence. The initial burden of proof is on the plaintiff to prove the case. Only after such proof does the evidential burden shift to the defendant. The principle applies to all civil claims, especially customary law issues. The court cannot assume the existence of a custom. The rule ensures proper allocation of burden of proof.