Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Legal Consequence of Conceding Ownership to Opponent in Land Dispute

"A party who acknowledges the title of his opponent to a parcel of land must prove how that opponent has been divested of title wholly or partially of the ownership...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Effect of Misplacing Burden of Proof

"To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice."

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Burden on Plaintiff Claiming Co-Ownership of Land with Defendant

"In the instant case, though not family land, the plaintiffs who are claiming to own communally with the defendants the land in dispute which land they acknowledge to be in...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Party Asserting Must Prove Identity of Convicted Person

"It is therefore not enough to prove that a person by certain name has been convicted. For this to be relevant to the plaintiff's case, that person must specifically be...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Plaintiff Must Prove Own Case

"It is the duty of the plaintiff to prove his case and not the duty of the defendant to disprove the plaintiff's case. That is the essence of section 137...

Evidence Law Important

EVIDENCE LAW — Proof Beyond Reasonable Doubt — Benefit of Doubt Must Extend to All Accused Where Evidence Is Inseparable

"Where the evidence against two accused persons in a criminal case is in all material respect the same and a doubt is resolved by the trial Judge in favour of...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Where Defendant’s Evidence Supports Plaintiff’s Case — Minimum Evidence Satisfies

"In an action for declaration of title the onus of proof lies on the plaintiff and he must succeed on the strength of his own case and not on the...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — No Evidence on Opposing Side — Minimum Proof Suffices

"It is now settled law that where there is no evidence to put on one side of the imaginary scale in a civil case, minimum evidence on the other side...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Standard of Proof in Declaration of Title Claims — Proof by Preponderance of Evidence

"We are not unmindful of the fact that it is a well established principle of law that in a claim for declaration of title, the onus is always on the...

Criminal Law Important

CRIMINAL LAW — Defences — Insanity — Burden and Standard of Proof of Insanity

"Therefore, an accused person who pleads insanity as a defence to an offence with which he is charged has the burden of proving that he was suffering from insanity or...

Administrative Law Important

SUCCESSION LAW — Administration of Estates — Letters of Administration — Revocation Not Justified Absent Proof of Fraud or Dishonesty

"It cannot therefore be revoked without proving any dishonesty or fraud on his part before or after the grant was made. There was none proved here and so the Court...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Proof of Customary Law

"A party who alleges the existence of customary law must prove that customary law because the law of evidence regards it as a fact, unless it can be noticed judicially."