LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Burden of Proof — Plaintiff Must Prove Root of Title When Title is in Issue
PRINCIPLE STATEMENT
It is for the plaintiff who bases his claim on exclusive right to land to aver and prove such exclusive right.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Agu v. Nnadi (2002) NLC-1541998(SC) at p. 7; Para E.
"It is for the appellant who based his claim on exclusive right to Ude Agu Ude's land to aver and prove such exclusive right."
EXPLANATION / SCOPE
A plaintiff claiming exclusive right to land must plead and prove that right. The burden is on the plaintiff. The principle applies to all claims of title. The plaintiff cannot rely on the weakness of the defence. The court will not assume ownership without proof. The plaintiff must adduce evidence of root of title, devolution, or possession. The rule is fundamental to land litigation. The defendant need not prove anything unless the plaintiff makes a prima facie case. The plaintiff’s claim fails if he cannot prove his exclusive right. The principle ensures that only proven claims succeed.
