EVIDENCE LAW — Burden of Proof — He Who Asserts Must Prove — Redemption of Mortgage
Ratio Decidendi
Per Mohammed, JSC, in Jolasun v. Bamgboye (2010) NLC-123-8-2002(SC) at p. 11, paras. C–E:
"By this assertion in his opposition to the application for first registration by the Appellant/Applicant, the burden is clearly on the Respondent by virtue of section 10(1) of the Registration of Titles Law to call reliable evidence to establish the fact in contention that the property the subject of the application had been redeemed by his late father as asserted by him. The law is trite. There can be no doubt that the burden of proving a particular fact lies on the party who substantially asserts the affirmative of the issue."
Explanation / Scope
This principle establishes that the burden of proving a particular fact lies on the party who substantially asserts the affirmative of the issue. The principle applies where redemption of a mortgage is asserted. It ensures that the party asserting redemption proves it. The principle reflects the rule that he who asserts must prove. It prevents unsubstantiated claims of redemption. The court must require reliable evidence. The principle provides guidance on the burden of proof for redemption.