LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Shifting Burden in Civil Cases
PRINCIPLE STATEMENT
In civil cases, the burden of proof is not static; while the burden of proof initially lies on the plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from the plaintiff to the defendant and vice versa.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC Itauma v. Akpe-Ime (2000) NLC-231995(SC) at p. 8; Paras. A–B.
"In civil cases, the burden of proof is not static; while the burden of proof initially lies on the plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from the plaintiff to the defendant and vice versa."
EXPLANATION / SCOPE
The burden of proof in civil cases is dynamic. Although the initial legal burden rests on the plaintiff to establish their case, the evidential burden shifts as issues arise during proceedings. Where the plaintiff adduces sufficient evidence to raise a presumption or establish a prima facie case, the burden shifts to the defendant to rebut it. Similarly, where the defendant raises a positive defence, they bear the burden of proving it. This fluidity ensures fairness by requiring each party to prove the facts peculiarly within their knowledge or necessary to sustain their position at each stage of the trial.