LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Declaration of Title to Land — Plaintiff Must Rely on Strength of Own Case Not Weakness of Defence
PRINCIPLE STATEMENT
A plaintiff seeking a declaration of title to land must prove his case by cogent and credible evidence, relying on the strength of his own case, not on the weakness of the defendant's case.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Olokotintin v. Sarumi & Ors (2002) NLC-441998(SC) at p. 4; Paras B–C.
"It is trite that a plaintiff seeking for a declaration of title to land must by cogent and credible evidence show that he is entitled to the land and not relying on the weakness of the defendant's case (see for example Kodilinye v. Odu (1935) 2 WACA 336; Okafor v. Idigo (1984) 1 SCNLR 481, (1984) 6 SC. 1)"
EXPLANATION / SCOPE
The plaintiff must prove ownership independently. He cannot rely on the defendant’s failure to prove their own title. The burden of proof remains on the plaintiff throughout. Even if the defendant’s case is weak, the plaintiff fails if he has not established his own title. The principle prevents plaintiffs from obtaining judgment by default. The court evaluates the plaintiff’s evidence on its own merits. The defendant’s case is irrelevant to whether the plaintiff has discharged the burden. Title must be proved, not assumed. The rule is fundamental to land litigation. The plaintiff must adduce cogent and credible evidence.