LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Burden Rests on Party Asserting the Affirmative
PRINCIPLE STATEMENT
In civil cases, the burden of proof is cast on the party who asserts the affirmative of a particular issue. The burden rests on the party, whether plaintiff or defendant, who substantially asserts the affirmative of an issue.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ibrahim v. Ojomo & Ors (2004) NLC-2492000(SC) at pp. 14–15; Paras E–A.
"In civil cases, the burden of proof is cast on the party who asserts the affirmative of a particular issue. The burden rests on the party whether plaintiff or defendant who substantially asserts the affirmative of an issue."
EXPLANATION / SCOPE
The burden of proof lies on the party asserting the affirmative of an issue. This applies to both plaintiffs and defendants. The principle applies to civil proceedings. Whoever substantially asserts the affirmative bears the burden. The rule is fundamental to burden of proof law. The court identifies the party making the positive assertion.
