Ratio Decidendi

Per Onnoghen, JSC, in Iteogu v. LPDC (2009) NLC-123-190-2006(SC) at p. 10; Paras C–D:

"Where the petitioner has introduced evidence in proof of payment of a sum of money, the burden shifts to the respondent/appellant to prove the fact that he received a lesser amount, which he fails or neglects to do."

Explanation / Scope

This principle establishes that where a petitioner introduces evidence of payment of a sum of money, the burden shifts to the respondent to prove receipt of a lesser amount. The principle applies where payment is disputed. It ensures that parties who have evidence must produce it. The principle reflects the evidentiary burden on the party who asserts a different fact. It prevents parties from making bare denials. The court must consider the evidence presented. The principle promotes fairness in proceedings. It ensures that the party with knowledge of the facts must prove them.

Cases Applying This Principle