LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Plaintiff Must Rely on Strength of Own Case
PRINCIPLE STATEMENT
It is an elementary principle of law that in civil cases, the onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the remedy he claims. Plaintiff must rely on the strength of his own case and not on the weakness of the defendant's case and if this onus is not discharged, the weakness of the defendant's case may not help him and the proper judgment will be for the defendant.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 8; Paras A–B.
"It is an elementary principle of law that in civil cases, the onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the remedy he claims. Plaintiff must rely on the strength of his own case and not on the weakness of the defendant's case and if this onus is not discharged, the weakness of the defendant's case may not help him and the proper judgment will be for the defendant."
EXPLANATION / SCOPE
The plaintiff must succeed on the strength of their own case, not the weakness of the defendant’s case. The onus lies on the plaintiff to satisfy the court with their own evidence. If the plaintiff fails to discharge this burden, judgment is for the defendant—even if the defendant’s case is weak. The defendant does not need to prove anything unless the plaintiff establishes a prima facie case. The principle prevents plaintiffs from obtaining judgment by default where they have not proved their claim. The court does not fill gaps in the plaintiff’s case. The standard is proof on the balance of probabilities based on the plaintiff’s evidence alone.