LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Exception Where Defendant’s Case Supports Plaintiff
PRINCIPLE STATEMENT
This basic principle of law is however not applicable in cases where the defendant's case itself supports that of the plaintiff and contains evidence on which the plaintiff is entitled to rely.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 8; Paras C–D.
"This basic principle of law is however not applicable in cases where the defendant's case itself supports that of the plaintiff and contains evidence on which the plaintiff is entitled to rely."
EXPLANATION / SCOPE
The rule that the plaintiff must rely on their own case has an exception: where the defendant’s case supports the plaintiff’s claim and contains evidence on which the plaintiff is entitled to rely. The plaintiff may use the defendant’s evidence to prove their case. Admissions by the defendant, documents tendered by the defence, or testimony favourable to the plaintiff can supplement the plaintiff’s case. The court can consider the totality of evidence, including the defence case, in favour of the plaintiff. The principle prevents injustice where the defendant inadvertently proves the plaintiff’s case. However, the plaintiff must still have some credible evidence—the exception does not allow pure reliance on the defendant’s weakness.