LEGAL PRINCIPLE: CIVIL PROCEDURE – Non-suit – When Appropriate – Weakness of Defence Fortifying Plaintiff’s Case
PRINCIPLE STATEMENT
In civil cases the trial court gives judgment to the plaintiff on balance of probabilities, and in some instances the weakness of defendant's case can fortify the plaintiffs' case... The evidence on the part of the plaintiff was overwhelming enough in the face of the weak defence. Certainly it was not a matter for non-suit...
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Nsirim v. Onuma Construction Company (Nigeria) Ltd. (2001) NLC-2031994(SC) at pp. 10–11; Paras D–A.
"In civil cases the trial court gives judgment to the plaintiff on balance of probabilities, and in some instances the weakness of defendant's case can fortify the plaintiffs' case... The evidence on the part of the plaintiff was overwhelming enough in the face of the weak defence. Certainly it was not a matter for non-suit..."
EXPLANATION / SCOPE
Non-suit is inappropriate where the plaintiff’s evidence is overwhelming and the defence is weak. The weakness of the defendant’s case can fortify the plaintiff’s case on the balance of probabilities. Non-suit is reserved for cases where the plaintiff proves some right but fails against the particular defendant, or where there is a procedural defect allowing a second chance. Where the plaintiff has proved their case, judgment should be entered, not non-suit. The court must assess the totality of evidence. If the plaintiff has discharged the burden, the defendant’s weakness cannot justify non-suit. Non-suit is not a soft option for avoiding judgment.