Ratio Decidendi

Per Galadima, JSC, in Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC) at p. 12; Paras B–C:

"Proof of this needs not be beyond reasonable doubt."

Explanation / Scope

This principle establishes that fraud in civil cases need not be proved beyond reasonable doubt. The standard is the balance of probabilities, not the criminal standard. The principle applies in civil claims alleging fraud. It ensures that the civil standard is applied correctly. The principle reflects that fraud is a civil wrong in such proceedings. It prevents parties from being held to a higher standard than required. The court must apply the civil standard. The principle provides guidance on the standard of proof for fraud in civil cases.

Cases Applying This Principle