EVIDENCE LAW ā Burden of Proof ā Retirement Benefits ā Party pleading payment must adduce evidence to prove same
Principle Statement
The respondents pleaded that appellant was paid his retirement benefits but produced no evidence, documentary or otherwise, to prove same ā no voucher evidencing the payments etc, etc. Even during oral testimony DW1 never claimed that appellant was paid his retirement benefits. DW1 was rather emphatic that appellant never applied to be paid his retirement benefits.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Ekeagwu v. NA (2010) NLC-123-104-2006(SC) at pp. 9ā10; Paras CāE.
"The respondents pleaded that appellant was paid his retirement benefits but produced no evidence, documentary or otherwise, to prove same ā no voucher evidencing the payments etc, etc. Even during oral testimony DW1 never claimed that appellant was paid his retirement benefits. DW1 was rather emphatic that appellant never applied to be paid his retirement benefits."
Explanation / Scope
This principle establishes that a party pleading payment must adduce evidence to prove it. The principle applies where payment is alleged. It ensures that claims of payment are proved. The principle reflects the general rule of burden of proof. It prevents parties from making unsubstantiated claims. The court must require evidence of payment. The principle provides guidance on proving payment.
