CIVIL PROCEDURE ā Burden of Proof ā Declaratory Relief ā Plaintiff Must Prove Case and Not for Defendant to Disprove Claim
Ratio Decidendi
Per Mohammed, JSC, in Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC) at p. 11; Paras DāE:
"In this respect, it is for the Plaintiff to prove his case and not for the Defendant to disprove the Plaintiff's claim. Therefore, where the Plaintiff on his own evidence failed to prove his claim for declaration, his claim must be dismissed."
Explanation / Scope
In claims for declaratory reliefs, the plaintiff must prove their case on the strength of their own evidence, not on the weakness of the defendant’s case. The burden of proof rests on the plaintiff throughout. Even if the defendant fails to adduce evidence, the plaintiff’s claim must still be dismissed if they have not proved their entitlement to the declaration.