Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Identity of Land in Declaration of Title Claims

"In an action for a declaration of title the onus of proof is on the party seeking the declaration to prove same and on the strength of his own case,...

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Plaintiff’s Burden to Reconcile Discrepancies in Land Description

"It is for example, the, duty of the appellant to produce a plan that would leave the issue as to whether the land in dispute can be described as 'situate...

Land Law Important

LAND LAW – Proof of Title – Failure of Traditional History – Inability to Rely on Acts of Ownership

"Where a plaintiff by his pleading and evidence relies on traditional history for his root of title to land, he fails or succeeds on that history. If the history fails,...

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Unilateral Employer Action – Employer Must Justify Compulsory Retirement of Public Servant

"To force a public servant into retirement, that is, before he gets to his retirement age is an unusual action against him in his career. Such an action could, admittedly,...

Tort Law Important

TORT LAW – Defamation – Qualified Privilege – Burden of Proof

"While the onus of proving that the report of publication is fair and accurate lies on the defendant, the burden of proving malice rests solely on the plaintiff. As long...

Criminal Law Important

EVIDENCE LAW – Burden of Proof – Prima Facie Case – Balance of Probabilities

"In land matters, as in other civil matters, proof is on the balance of probabilities. It is the law that once plaintiff in a civil matter shows a prima facie...

Evidence Law Important

EVIDENCE LAW – Medical Evidence – Proof of Cause of Death – Court May Infer Cause of Death Without Medical Report

"The general principle of law on this issue is that a court can rely on a medical report emanating from a medical expert to prove cause of death in murder...

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Onus Where Issues Are Joined – Person Who Would Fail if No Evidence Adduced Must Prove

"It is an elementary and fundamental principle of proof that where issues are joined, the onus of proof rests on the person who would fail if no evidence was adduced."

Criminal Law Important

CRIMINAL LAW – Murder – Proof – Whether Non-Production of Murder Weapon Is Fatal to Prosecution’s Case

"The failure to produce the murder weapon during the trial is, in my view, inconsequential. It is the intentional murderous assault on a vital part of the body which leads...

Land Law Important

LAND LAW – Declaration of Title to Land – Proof of Boundaries – Plaintiff’s Burden to Identify and Prove Existing Boundaries

"In an action which seeks the determination of boundaries between the parties to the dispute it is for the plaintiff to identify and prove the existing boundaries and where none...

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Allegations of Fraud – Standard of Proof Required

"It is also settled that a party who intends to prove charges of fraud or charges of criminal malversation or felony must do so beyond reasonable doubt. And that before...

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Evidential Burden – Shifting of Evidential Burden in Civil Cases

"In civil cases while the burden of proof initially lies on a plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from the...