EVIDENCE LAW — Prima Facie Case — Definition and application in civil proceedings
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Salzgitter Stahl GmbH v. Tunji Dosumu Industries Limited (2010) NLC-123-30-2001(SC) at p. 16, paras. B–C:
"Simply put the phrase i.e. 'prima facie' (which applies as a rule of onus of proof in the law of Evidence) means as per evidence which if accepted, appears to be sufficient to establish a fact or sustain a judgment unless rebutted by acceptable evidence to the contrary. In other words, it is not conclusive. It is evidence (as distinct from proof) that is, on the first appearance."
Explanation / Scope
This principle defines a prima facie case as evidence which, if accepted, appears sufficient to establish a fact or sustain a judgment unless rebutted. It is not conclusive; it is evidence on first appearance. The principle applies in civil and criminal proceedings. It ensures that the initial burden is met. The principle reflects the threshold for shifting the burden. It prevents dismissal where a prima facie case is made out. The court must assess whether a prima facie case exists. The principle provides guidance on the meaning of prima facie case.