LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Onus on Plaintiff to Prove Claim
PRINCIPLE STATEMENT
It is not sufficient to make allegations in pleadings; credible evidence must be led in proof of it; the facts pleaded regarding the outstanding sum were not established.
RATIO DECIDENDI (SOURCE)
"It is not sufficient to make allegation in a pleading, as was done by the plaintiff in this case. Credible evidence must be led in proof of it. The facts pleaded with regard to the outstanding sum of N294,552.25 were not established."
EXPLANATION / SCOPE
Pleading facts doesn’t prove them—plaintiffs must adduce credible evidence proving pleaded allegations. The burden requires: identifying what must be proved (from pleadings), adducing evidence proving those facts, and meeting the applicable standard (balance of probabilities in civil cases). “Credible evidence” means reliable, believable evidence that courts can reasonably accept. Mere pleading without proof results in: claim failure on that issue, and court findings against plaintiff on unproved facts. This principle applies to all pleaded facts, including: amounts claimed, dates, transactions, obligations, and breaches. Plaintiffs cannot: assume pleaded facts are accepted without proof, rely on defendants’ failure to deny alone (though non-denial helps), or expect courts to find in their favor on unproved allegations. Evidence proving pleaded facts might include: documents, witness testimony, expert evidence, or admissions. Without such evidence, even uncontradicted pleaded facts fail for lack of proof. The principle emphasizes that pleading is the first step—proving is essential