LAND LAW — Title to Land — Burden of Proof — Plaintiff Must Succeed on Strength of Own Case
Principle Statement
It is settled law that where a plaintiff fails to establish with certainty the identity of the land claimed, he must fail in his claim of declaration of title irrespective of the weakness in the case of the defence particularly as it is the law that a plaintiff, in an action for declaration of title to land, must succeed on the strength of his case and not on the weakness of the defence.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Aremu v. Adetoro (2007) NLC-123-418-2001(SC) at p. 15; Paras A–B.
"It is settled law that where a plaintiff fails to establish with certainty the identity of the land claimed, he must fail in his claim of declaration of title irrespective of the weakness in the case of the defence particularly as it is the law that a plaintiff, in an action for declaration of title to land, must succeed on the strength of his case and not on the weakness of the defence."
Explanation / Scope
In a claim for declaration of title to land, the plaintiff must succeed on the strength of their own case, not on the weakness of the defendant’s case. If the plaintiff fails to establish the identity of the land with certainty, the claim must fail, regardless of any weakness in the defendant’s defence. The burden of proof rests on the plaintiff.
