LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Plaintiff Must Prove Own Case
PRINCIPLE STATEMENT
It is the duty of the plaintiff to prove his case and not the duty of the defendant to disprove the plaintiff's case. That is the essence of section 137 of the Evidence Act. Where a plaintiff fails to prove his case, it will be dismissed.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agbana v. Owa & Ors (2004) NLC-832000(SC) at p. 12; Paras C–D.
"It is the duty of the plaintiff to prove his case and not the duty of the defendant to disprove the plaintiff's case. That is the essence of section 137 of the Evidence Act, Cap. 112, Laws of the Federation of Nigeria, 1990. Where a plaintiff fails to prove his case, it will be dismissed."
EXPLANATION / SCOPE
The plaintiff bears the burden of proof. The principle applies to all civil cases. The defendant need not disprove the case. The rule is statutory under section 137 of the Evidence Act. Failure to prove results in dismissal. The principle is fundamental.