EVIDENCE LAW — Burden of Proof — Onus Never Shifts to Defendant in Declaration of Title Claim — Unless Defendant Counter-Claims
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC) at pp. 18; Paras C–D:
"The law is trite that the onus of proof is on the plaintiff throughout in an action of this nature; it never shifts except in a few cases e.g. where the defendant's case has strengthened his case and the plaintiff is not to rely on the mistake of the defendant to succeed."
Explanation / Scope
This principle establishes that the burden of proof remains on the plaintiff throughout a declaration of title claim. It never shifts to the defendant unless the defendant counter-claims or the defendant’s case strengthens the plaintiff’s case. The plaintiff cannot rely on the defendant’s mistakes to succeed. The principle applies in all land title claims. It ensures that the plaintiff must prove their case independently. The principle reflects the fundamental rule of proof. The court must require the plaintiff to establish their title. The principle prevents plaintiffs from benefiting from the defendant’s procedural errors.