EVIDENCE LAW — Burden of Proof — Declaration of Title to Land — Plaintiff Must Rely on Strength of Own Case
Ratio Decidendi
Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 21, paras. C–D:
"The onus is on the plaintiff in an action involving title to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. He must rely on the strength of his case and not on the weakness of the defendant's case."
Explanation / Scope
This principle establishes that in a declaration of title claim, the plaintiff bears the burden to satisfy the court of entitlement based on their own evidence, relying on the strength of their case and not the weakness of the defendant’s case. The principle applies in land title claims. It ensures that the plaintiff proves their case. The principle reflects the general rule of burden of proof. It prevents plaintiffs from relying on the defendant’s failure. The court must require the plaintiff to prove their case. The principle provides guidance on the burden of proof in title claims.