LEGAL PRINCIPLE: CIVIL PROCEDURE — Evidence — Burden of Proof — Plaintiff Must Succeed on Strength of Own Case
PRINCIPLE STATEMENT
The onus is on a plaintiff to prove his case on the strength of his own case, not on the weakness of the defendant's case, subject to exceptions. A court acts on facts, not on guess or speculation.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in A. I. C. Limited v. NNPC (2005) NLC-2372001(SC) at p. 24; Paras B–C.
"It is an elementary principle of law, for which a citation of authority is not necessary, that the onus is on a plaintiff to prove his case and he must do so on the strength of his own case and not on the weakness of that of the defendant subject to some exceptions. A court of law acts on facts and not on guess or speculation."
EXPLANATION / SCOPE
A plaintiff must establish his claim through his own evidence, not by exploiting gaps in the defence. The principle applies to civil procedure. The rule prevents judgment based on speculation or the defendant’s failure to prove its case. The plaintiff bears the legal burden throughout. Even a weak defence does not relieve the plaintiff of proving his case. Exceptions exist for specific statutory or equitable claims.
