LAND LAW — Declaration of Title — Burden of proof on plaintiff
Principle Statement
A heavy burden is on the respondents' (plaintiffs) to satisfy the court by their evidence that they are entitled to the declaration of title to the land and in so doing they must rely on the strength of their case not on the weakness of the defendants' case. See Kodilinye v. Odu (1935) 2 WACA 356; although there are occasions when the defendant's case will strengthen the plaintiffs case but not in cases as here.
Ratio Decidendi (Source)
Per Chukwuma-Eneh, JSC, in Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC) at p. 26; Paras C–D.
"A heavy burden is on the respondents' (plaintiffs) to satisfy the court by their evidence that they are entitled to the declaration of title to the land and in so doing they must rely on the strength of their case not on the weakness of the defendants' case. See Kodilinye v. Odu (1935) 2 WACA 356; although there are occasions when the defendant's case will strengthen the plaintiffs case but not in cases as here."
Explanation / Scope
In claims for declaration of title, the plaintiff bears a heavy burden to prove entitlement. The plaintiff must succeed on the strength of their own case, not the weakness of the defendant’s case. While a weak defence may occasionally strengthen the plaintiff’s case, the primary burden remains on the plaintiff.
