LAND LAW — Declaration of Title to Land — Onus on Claimant — Weakness of Defendant’s Case Not Sufficient
Ratio Decidendi
Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at pp. 12—13; Paras E—A:
"It is settled law that in an action for declaration of title to land, the onus is on the claimant to satisfy the court that he is entitled to the declaration sought on the pleadings and evidence thereon. Where the onus is not discharged, the weakness of the defendant's case will not be of any help to the claimant."
Explanation / Scope
This principle establishes that in a declaration of title claim, the claimant bears the burden to satisfy the court of entitlement based on pleadings and evidence; the weakness of the defendant’s case cannot assist the claimant. The principle applies in land title claims. It ensures that the claimant proves their case. The principle reflects the rule that a plaintiff must succeed on the strength of their own case. It prevents reliance on the defendant’s weakness. The court must require the claimant to discharge the onus. The principle provides guidance on burden of proof.