Ratio Decidendi

Per Mohammed, JSC, in Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC) at p. 26; Paras D–E:

"In an action for declaration the plaintiff must succeed on the strength of his case and not on the weakness of the defence except, of course where, from the pleadings and evidence in support thereof the defendant's case supports that of the plaintiff."

Explanation / Scope

This is a fundamental and long-established rule in land litigation. The plaintiff bears the initial and ultimate burden of proving his title by credible, admissible, and cogent evidence. He cannot rely on the defendant’s inability to prove a better title. The defendant’s failure does not automatically entitle the plaintiff to judgment. The exception applies only where the defendant, through his pleadings or evidence, inadvertently confirms the plaintiff’s case, thereby relieving the plaintiff of some of his burden. The principle ensures that judicial declarations are based on positive proof, not mere default.

Cases Applying This Principle