LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Title – Plaintiff Must Succeed on Strength of Own Case – Weakness of Defence Cannot Strengthen Plaintiff’s Case
PRINCIPLE STATEMENT
It has been settled law for many years now that in a suit 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 defendant's case... His success must not be because the defence has offered weak evidence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nwankpu v. Ewulu (1995) 7 NWLR (Pt. 407) 288 at paragraphs E-F, cited with approval in Ojo v. Azama (2001) NLC-1221995(SC) at p. 14; Paras A–C.
"It has been settled law for many years now that in a suit 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 defendant's case... His success must not be because the defence has offered weak evidence."
EXPLANATION / SCOPE
In a declaration of title action, the plaintiff must succeed on the strength of their own case, not the weakness of the defendant’s case. The onus lies on the plaintiff throughout. Even if the defendant’s case is weak, the plaintiff must still prove their title. Success cannot be based on the defendant’s failure to prove their case. The plaintiff must adduce credible evidence establishing ownership. The court will not grant title simply because the defendant’s evidence is poor. The principle prevents default judgments in title actions. The plaintiff bears the burden of proof. The defendant’s weakness does not fill gaps in the plaintiff’s case. The plaintiff must present a prima facie case independently.