CIVIL PROCEDURE — Declaratory Reliefs — Proof Required — Claimant Must Satisfy Court by Cogent and Credible Evidence
Ratio Decidendi
Per Mohammed, JSC, in Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC) at p. 11; Paras A–C:
"A claim for a relief of declaration, whether of title to land or not, is not established by an admission by the Defendant, because the Plaintiff must satisfy the Court by cogent and credible evidence called by him to prove that as a claimant, he is entitled to the declaratory relief. It is the law that a Court does not grant declaration on admission of parties because the Court must be satisfied that the Plaintiff on his own evidence, is entitled to the relief claimed."
Explanation / Scope
Declaratory reliefs are not granted merely because the defendant admits the claim. The plaintiff must still adduce cogent and credible evidence to satisfy the court of their entitlement. The court must be independently satisfied that the plaintiff has proved the facts necessary for the declaration. This ensures that declarations are only granted on proper proof, not on agreement of the parties.