Principle

EVIDENCE LAW — Burden of Proof — Plaintiff in Claim for Declaration of Title Must Succeed on Strength of Own Case

Area of law
EVIDENCE LAW
Court
Supreme Court

The plaintiff's evidence must independently establish title. The defendant's weak case does not compensate for plaintiff's failure of proof. The principle applies to land law. The rule prevents judgment based on the defendant's failure to disprove. Favourable defence evidence may assist but is not required.

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