LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Legal Consequence of Conceding Ownership to Opponent in Land Dispute
PRINCIPLE STATEMENT
A party who acknowledges the title of his opponent to a parcel of land must prove how that opponent has been divested of title wholly or partially to the satisfaction of the court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ewo & Ors v. Ani & Ors (2004) NLC-621997(SC) at pp. 11–12; Paras E–A.
"A party who acknowledges the title of his opponent to a parcel of land must prove how that opponent has been divested of title wholly or partially of the ownership of the land to the satisfaction of the court."
EXPLANATION / SCOPE
Conceding opponent’s title shifts the burden to prove divestment. The principle applies to land disputes. The party must prove how title was lost. The rule prevents reliance on mere assertion. The court will require evidence of divestment. The principle is well-established.