LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Where Defendant’s Evidence Supports Plaintiff’s Case — Minimum Evidence Satisfies
PRINCIPLE STATEMENT
In an action for declaration of title, the plaintiff must succeed on the strength of his own case, not on the weakness of the defence, except where the defendant's case supports the plaintiff's case.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Adewuyi v. Odukwe (2005) NLC-172001(SC) at p. 10; Paras A–C.
"In an action for declaration of title the onus of proof lies on the plaintiff and he must succeed on the strength of his own case and not on the weakness of the defence except where the defendant's case supports plaintiff's case. See Kodilinye v. Odu (1934-35) 2 WACA 336; Nkwo v. Iboe (1998) 7 NWLR (Pt. 558) 354; Iyaji v. Eyigebe (1987) 3 NWLR (Pt. 61) 523; Bankole v. Pelu (1991) 8 NWLR (Pt. 211) 523."
EXPLANATION / SCOPE
Plaintiff must rely on own case strength, not defence weakness. Exception: defence supports plaintiff. The principle applies to land law.