LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Distinction Between Legal Burden and Evidential Burden
PRINCIPLE STATEMENT
Burden of proof in civil cases has two distinct meanings: the legal burden (always stable) and the evidential burden (may shift constantly according to preponderance of evidence).
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Odukwe v. Ogunbiyi (1998) NLC-2801991(SC) at p. 12; Para A.
"The phrase, ‘burden of proof’ in civil cases has two distinct and frequently confused meanings… firstly, the burden of proof as a matter of law and the pleadings… and secondly, the burden of proof in the sense of adducing evidence… While the burden of proof in the first sense is always stable, the burden of proof in the second sense may shift constantly, according as one scale of evidence or the other preponderates."
EXPLANATION / SCOPE
The legal burden rests on the party asserting the claim. It never shifts. The evidential burden shifts as evidence is adduced. The principle applies to all civil cases. The court must distinguish between the two. The legal burden is determined by pleadings. The evidential burden helps the court decide where the preponderance lies. The rule promotes clarity in proof. The party with the legal burden must ultimately satisfy the court.
