CIVIL PROCEDURE — Burden of Proof — Unchallenged Evidence — Minimal Burden on Plaintiff
Principle Statement
It is settled law that where the party offers no evidence in defence of the case of the plaintiff, the burden placed on the plaintiff is minimal, since there is no evidence to challenge the case of the plaintiff and the plaintiff can use the unchallenged evidence to establish his case.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Chami v. United Bank for Africa Plc (2010) NLC-123-257-2003(SC) at p. 14, para. E – p. 15, para. A.
"It is settled law that where the party offers no evidence in defence of the case of the plaintiff, the burden placed on the plaintiff is minimal, since there is no evidence to challenge the case of the plaintiff and the plaintiff can use the unchallenged evidence to establish his case."
Explanation / Scope
This principle establishes that where a defendant offers no evidence, the burden on the plaintiff is minimal, and the plaintiff can use unchallenged evidence to establish their case. The principle applies where the defendant fails to adduce evidence. It ensures that plaintiffs can succeed on unchallenged evidence. The principle reflects that the burden is reduced in the absence of defence evidence. It prevents defendants from benefiting from their failure to adduce evidence. The court must rely on the plaintiff’s evidence. The principle provides guidance on the burden of proof where evidence is unchallenged.
