CIVIL PROCEDURE ā Burden of Proof ā Declaration of Title to Land ā Onus on Plaintiff
Principle Statement
It is now settled that in civil matters, a plaintiff has the burden of proof to establish his claim. It does not shift to the defendant. The onus of proof in a suit for declaration of title, as in this appeal, lies on the plaintiff and he must succeed on the strength of his case and not on the weakness of the defendant's case, if any.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in Orlu v. Gogo-Abite (2010) NLC-123-234-2002(SC) at p. 5; Paras DāE.
"It is now settled that in civil matters, a plaintiff has the burden of proof to establish his claim. It does not shift to the defendant. The onus of proof in a suit for declaration of title, as in this appeal, lies on the plaintiff and he must succeed on the strength of his case and not on the weakness of the defendant's case, if any."
Explanation / Scope
This principle establishes that the burden of proof in a declaration of title claim lies on the plaintiff and does not shift. The plaintiff must succeed on the strength of their own case, not the weakness of the defendant’s case. The principle applies in land title claims. It ensures that plaintiffs prove their title. 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.
