LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof in Civil Cases – Plaintiff Must Prove Title Relied Upon in Trespass Action
PRINCIPLE STATEMENT
In a trespass action where the plaintiff relies on a grant, he must prove the validity of that grant in order to succeed.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Udih v. Idemudia (1998) NLC-1951991(SC) at p. 7; Paras B–C.
"In the instant case, the party who had the onus was the plaintiff since he claimed that the defendant trespassed on his land. As he relied on a grant (Exhibit ‘C’), he must prove the validity of it in order to succeed."
EXPLANATION / SCOPE
The plaintiff in a trespass action bears the burden of proving his title. If he relies on a grant, he must prove its validity. The principle applies to all claims based on derivative title. The plaintiff must show that the grantor had authority to transfer title. The rule is based on the maxim nemo dat quod non habet. The court will examine the grant’s authenticity and validity. The plaintiff cannot rely on mere possession against a defendant who claims ownership. The principle ensures that only valid grants confer title. The burden is on the plaintiff to prove all essential elements.