LAND LAW — Title to Land — Burden of Proof on Plaintiff
Principle Statement
In a claim for declaration of title, the onus is on the plaintiff to prove title to a defined area. This burden is firm and constant, never shifting to the defendant. Only after the plaintiff gives evidence of title does the defendant lead contrary evidence.
Ratio Decidendi (Source)
Per Tobi, JSC, in Nwabuoku & Ors v. Onwordi & Ors (2006) NLC-123-344-2001(SC) at p. 7; Paras A–C.
"In a claim for a declaration of title to land, the onus is on the plaintiff to prove title to a defined area to which the declaration can be attached… he who seeks title to land must prove that title. This burden is firm and it stands unequivocally on the face of the plaintiff, who must discharge it. This burden does not shift one second to the defendant. It is constant on the plaintiff as the sun which rises from the East and sets in the West everyday. It is only after the plaintiff has given evidence of title to the land that the defendant leads contrary evidence to expunge the plaintiff's evidence."
Explanation / Scope
The burden of proving title never shifts from the plaintiff. The principle applies to land law.
