LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Shifting Burden — Civil Cases
PRINCIPLE STATEMENT
The burden of proof in civil cases is not static; it continually shifts from side to side in respect of a fact in issue until it finally rests on a party against whom judgment will be given if no further evidence is proffered.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in First African Trust Bank Ltd v. Partnership Investment Company Ltd (2003) NLC-2932001(SC) at p. 31; Paras D–E.
"This position is trite law under the Evidence Act as in civil cases, the burden of proving a particular fact is upon the party who asserts it and who will fail if no evidence is called upon the issue, regard being had to any presumption which may arise from the pleadings of the parties. This onus of proof is, however, not static. It continually shifts from side to side in respect of a fact in issue until it finally rests on a party against whom judgment will be given if no further evidence is proffered before the court."
EXPLANATION / SCOPE
Burden of proof (evidential) shifts during trial. The legal burden remains on the party asserting the claim. The principle applies to all civil cases. The rule ensures fairness. The party who adduces evidence may shift the burden. The principle is fundamental.