LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Civil Cases — Applicant for Interlocutory Injunction
PRINCIPLE STATEMENT
The burden of proof in respect of granting an interlocutory injunction is on the applicant. This is because the applicant is the person that the judgment of the court will be given against if no evidence is produced on either side.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC) at pp. 22–23; Paras E–A.
"The implication of Section 137 (1) of the Evidence Act in the context of this appeal is that the burden of proof in respect of granting the interlocutory injunction is on the appellants. This is because they are the persons that the judgment of this court will be given against, if no evidence is produced on either side."
EXPLANATION / SCOPE
The applicant for an interlocutory injunction bears the burden of proof. The principle applies to equitable remedies. The applicant must show a prima facie case. The rule ensures that the applicant justifies the remedy. The principle is well-established.