EVIDENCE LAW — Burden of Proof — Declaratory Reliefs in Chieftaincy Matters
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 15; Paras E—A:
"The burden of establishing a case based on declaration rests more on the plaintiff whose evidence must be credible, convincing, positive, affirmative and unequivocal in support of his case. Such evidence must be in accordance with his pleadings."
Explanation / Scope
This principle establishes that in declaratory reliefs, the plaintiff bears a heavy burden to present credible, convincing, positive, affirmative, and unequivocal evidence in support of the claim, in accordance with the pleadings. The principle applies in declaratory actions. It ensures that the plaintiff proves their case. The principle reflects the strict requirements for declaratory relief. It prevents weak or inconsistent claims. The court must require strong evidence. The principle provides guidance on burden of proof in declaratory actions.