CIVIL PROCEDURE — Burden of Proof — Declaration of Title to Land — Plaintiff’s Onus to Prove Case on Preponderance of Evidence
Ratio Decidendi
Per Muhammad, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 9; Paras A—C:
"The age-long established principle of law in relation to burden of proof on a plaintiff seeking a declaration of title to land is for him to establish his case on preponderance of evidence by setting up a prima facie case whereupon the trial court examines the evidence put forward by both parties and weigh same on the imaginary scale with a view to making a finding as to which side preponderates."
Explanation / Scope
This principle establishes that a plaintiff seeking a declaration of title to land must establish their case on the preponderance of evidence by setting up a prima facie case, after which the court weighs both parties’ evidence on the imaginary scale to determine which side preponderates. The principle applies in land title claims. It ensures that the plaintiff proves their case. The principle reflects the civil standard of proof. It requires the court to weigh all evidence. The court must determine preponderance. The principle provides guidance on burden of proof in title claims.