EVIDENCE LAW — Burden of Proof — Land Matters — General Principle of Burden of Proof
Ratio Decidendi
Per Tobi, JSC, in Aremu v. Adetoro (2007) NLC-123-418-2001(SC) at p. 4; Paras A–B:
"In land matters, the burden is on the plaintiff who pleads title to prove that title. This is consistent with the burden of proof in our adjectival law as contained or provided for in the Evidence Act."
Explanation / Scope
In land disputes, the plaintiff bears the burden of proving their title. This is consistent with the general rule that he who asserts must prove. The burden remains on the plaintiff throughout and does not shift to the defendant. The plaintiff must prove their case on the balance of probabilities.