EVIDENCE LAW — Burden of Proof — Party Seeking Declaration of Title Must Succeed on Strength of Own Case
Ratio Decidendi
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at pp. 13–14; Paras E–A:
"Both parties laid claim of the ownership of the land in dispute and in proof thereof, each party relied on traditional history and various acts of ownership exercised over that land and long possession thereof. It has long been established that these are three of the five methods of proving title to land as was decided by this court in several cases including Idundun & Ors. v. Okumagba & Ors. (1976) NSCC 445, (1976) 9-10 SC 227-249 or (1976) 1 NMLR 200; Piaro v. Tenalo (1976) 1 FNLR 229, (1976) 12 SC 31 at 33. A party seeking a declaration of title to land is not bound to plead and prove more than one root of title to succeed but he is entitled to rely on more than one root of title."
Explanation / Scope
A claimant for declaration of title may rely on one or multiple roots of title. Traditional history, acts of ownership, and long possession are three recognized methods. The principle applies to land law. The rule allows flexibility in proving title. The plaintiff must succeed on the strength of his own case, not the weakness of the defence. Multiple consistent roots may strengthen the case.