EVIDENCE LAW — Burden of Proof — Onus on Party Asserting Fact — Failure to Discharge Onus Results in Dismissal of Claim
Ratio Decidendi
Per Fabiyi, JSC, in Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC) at p. 6; Paras C–D:
"It is incumbent on a party who asserts the existence of a fact to prove same... Since the appellants failed to discharge the onus of proof which rests on them, their claim must fail."
Explanation / Scope
This principle establishes that a party asserting a fact must prove it; failure to discharge the onus results in dismissal of the claim. The principle applies in all civil proceedings. It ensures that parties prove their claims. The principle reflects the fundamental rule of burden of proof. It prevents unsubstantiated claims. The court must dismiss claims where the burden is not discharged. The principle provides guidance on the consequence of failure to prove.