PRINCIPLE STATEMENT

It is the plaintiffs/respondents that must prove ownership of the land in dispute, and then the defendants/appellants can rebut the evidence of ownership.

RATIO DECIDENDI (SOURCE)

Per Ige, JCA (as approved), in Odofin & Anor v. Oni (2001) NLC-1191995(SC) at p. 22; Paras B–C.
"It is the plaintiffs/respondents that must prove ownership of the land in dispute and then the defendants/appellants can rebut the evidence of ownership."
View Judgment

EXPLANATION / SCOPE

In land disputes, the plaintiff bears the initial burden of proving ownership. The plaintiff must adduce sufficient evidence to establish a prima facie case. Once the plaintiff discharges this burden, the defendant may rebut the evidence. The burden never shifts to the defendant to prove ownership unless the defendant counter-claims. The principle ensures that the plaintiff cannot succeed without proof. The defendant’s failure to prove ownership does not entitle the plaintiff to judgment if the plaintiff’s own case is weak. The plaintiff must rely on the strength of their own case, not the weakness of the defence. The rule applies to all civil cases, not just land disputes.

CASES APPLYING THIS PRINCIPLE