LAND LAW — Title to Land — Burden of Proof on Plaintiff — Plaintiff Must Discharge Burden to Obtain Judgment
Principle Statement
The law is clear that the burden of proving title to land rests squarely on the plaintiff, and he must discharge that burden to be entitled to judgment. It is not enough to show that the defendant's title is weaker.
Ratio Decidendi (Source)
Per Tobi, JSC, in Kazeem v. Mosaku (2007) NLC-123-230-2001(SC) at p. 7; Paras A–B.
"The law is loud and clear that the burden of proof of title to land is on the plaintiff and he must discharge that burden to obtain judgment."
Explanation / Scope
This is a restatement of the foundational rule in land disputes. The plaintiff who seeks a declaratory judgment of title must establish his root of title, proving the chain of ownership from the original owner to himself. He must present cogent, credible, and admissible evidence. The court will not grant a declaration merely because the defendant’s case is weak or because the defendant failed to prove his counterclaim. The plaintiff’s case stands or falls on its own merits. This burden never shifts to the defendant, although the evidentiary burden may shift where the plaintiff has made a prima facie showing.
