LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Identity of Land in Declaration of Title Claims
PRINCIPLE STATEMENT
In an action for a declaration of title the onus of proof is on the party seeking the declaration to prove same and on the strength of his own case, not on the weakness of the other vide Kodilinye v. Odu (1935) 2 WACA 336; Bello v. Eweka (1981) 1 S.C. 101. If some doubt has been introduced as to the location of the land and dimensions thereof, surely the onus rests squarely on the appellant to introduce evidence (even if in rebuttal), to clear those doubts.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ibhafidon v. Igbinosun (2001) NLC-2371990(SC) at p. 6; Paras B–C.
"In an action for a declaration of title the onus of proof is on the party seeking the declaration to prove same and on the strength of his own case, not on the weakness of the other vide Kodilinye v. Odu (1935) 2 WACA 336; Bello v. Eweka (1981) 1 S.C. 101. If some doubt has been introduced as to the location of the land and dimensions thereof, surely the onus rests squarely on the appellant to introduce evidence (even if in rebuttal), to clear those doubts."
EXPLANATION / SCOPE
The plaintiff bears the burden of proving identity of land with certainty. They must succeed on the strength of their own case, not the defendant’s weakness. If doubt is introduced about location or dimensions, the plaintiff must clear that doubt—even through rebuttal evidence. The burden never shifts. The court cannot fill gaps in the plaintiff’s case. Vague or inconsistent descriptions defeat the claim. The plaintiff must adduce credible evidence (e.g., survey plan, clear boundaries) to establish identity. Failure to prove identity is fatal, regardless of the strength of other evidence. The standard is proof on the balance of probabilities, but identity must be sufficiently certain.