LAND LAW ā Title to Land ā Burden of Proof on Plaintiff Claiming Declaration of Title ā Plaintiff Must Succeed on Strength of Own Case
Principle Statement
The rule is that the burden of proof rests on the party (whether plaintiff or defendant), who substantially asserts the affirmative of the issue... if a plaintiff on whom always rests the onus of proving that affirmative of what he asserts, no burden shifts to the defendant unless he has counter-claimed.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC) at pp. 7; Paras DāE.
"The rule is that the burden of proof rests on the party (whether plaintiff or defendant), who substantially asserts the affirmative of the issue... if a plaintiff on whom always rests the onus of proving that affirmative of what he asserts, no burden shifts to the defendant unless he has counter-claimed."
Explanation / Scope
This principle establishes that the plaintiff in a declaration of title claim must succeed on the strength of their own case, not on the weakness of the defendant’s case. The burden of proof rests on the party asserting the affirmative. The burden does not shift to the defendant unless they have counter-claimed. The principle applies in all land title claims. It ensures that plaintiffs must establish their title independently. The principle prevents plaintiffs from relying on the defendant’s failure to prove their case. The court must evaluate the plaintiff’s evidence on its own merits. The principle reflects the fundamental rule of proof.
