LAND LAW ā Title to Land ā Plaintiff Entitled to Rely on Defence Evidence Supporting His Case
Principle Statement
A plaintiff in a declaration of title claim must succeed on the strength of his case, not the weakness of the defence. However, he is entitled to take advantage of any evidence adduced by the defence that tends to establish his title.
Ratio Decidendi (Source)
Per Onu, JSC, in Ashiru v. Olukoya (2006) NLC-123-356-2001(SC) at pp. 9ā10; Paras DāA.
"It is settled law that a Plaintiff in a claim for declaration of title must succeed on the strength of his case and not on the weakness of the defence (i.e his opponent's case). A Plaintiff is however entitled to take advantage of any evidence adduced by the defence which tends to establish his title and support his case."
Explanation / Scope
Plaintiffs may use favourable defence evidence to strengthen their case. The principle applies to land law.
