STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

BURDEN OF PROOF LIES ON THE PLAINTIFF

Reach more audience. Place advert here.

The general rule in civil cases is that the burden of proof rests upon the party who substantially assert the affirmative before the evidence is gone into. Therefore, the burden of proof lies on the person who will fail assuming no evidence had been adduced on either side…Where the plaintiff as in this case, pleads and relies on negligence by conduct or action of the defendant, the plaintiff must prove by evidence the conduct or action and the circumstances of its occurrence, which give rise to the breach of the duty of care owed the plaintiff. And that it is only after this, that the burden shifts to the defendant to adduce evidence to challenge negligence on his part.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

Was this dictum helpful?

SHARE ON

proof

HE WHO ALLEGES MUST PROVE

Para. 61: “It is trite law that he who alleges bears the burden of making out a prima facie case in support of his averments, the court in its consideration reiterated the cardinal principle of law that “he who alleges must prove”. Therefore, where a party asserts 26 a fact, he must produce evidence to substantiate the claim. The Applicant has not been able to establish that he was treated differently from other members in similar situation with him. In the absence of evidence to support a different treatment in similar situations, the Applicant’s claim of violation of equality before the law and freedom from discrimination is hereby dismissed.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

Was this dictum helpful?

PLAINTIFF MUST RELY ON HIS OWN STRENGTH, NOT WEAKNESS OF THE DEFENCE

It is settled that in a claim for declaratory reliefs, the plaintiff must prove his entitlement thereto, by cogent and credible evidence. He must rely on the strength of his own case and not on the weakness of the defence. Indeed, a declaratory relief will not be granted on the basis of an admission by the adverse party. See MOHAMMED V WAMMAKO (2018)7 NWLR (pt 1619) 573 at 591 – 592. — M.L. Shuaibu, JCA. Ekpo v GTB (2018) – CA/C/324/2013

Was this dictum helpful?

PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE AND NOT WEAKNESS OF DEFENDANT’S CASE

The onus in such cases lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. In this regard, the plaintiff must rely on the strength of his own case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case will not help him and the proper judgment will be for the defendant. See Kodilinye v. Mbanefo Odu (1935) 2 WACA 336 at 337 and Frempong v. Brempong (1952) 14WACA 13. Any evidence, however, adduced by the defendant which, to any extent is favourable to the plaintiff’s case will undoubtedly go to strengthen the case for the plaintiff. See Josiah Akinola and Another v. Oluwo and Others (1962) 1SCNLR 352, (1962) 1 All NLR 224 at 225, Oduaran v. Asarah (1972) 1 All NLR (Pt.2) 137, Idundun and Others v. Daniel Okumagba (1976) 9 – 10 SC 227.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

Was this dictum helpful?

BURDEN OF PROOF ALWAYS ON THE PROSECUTION; BURDEN FOR INSANITY ON THE ACCUSED

The law is trite, that in all criminal cases in common law countries like Nigeria which operates from time immemorial, common law jurisprudence, the burden of proof is always on the prosecution. This notion is entrenched in Section 135 of the Evidence Act which further put the standard of such proof to be beyond reasonable doubt. SeeOgundiyan Vs The State (1991) 3 NWLR (pt.181)519 or (1991)4 SCNJ 44 or (1991)3 SC 100. It needs to be emphasized however, that the burden of proof always remains on the prosecution, except of course, in few limited circumstances such as in the defence of insanity in which the law presumes an accused person to be sane and therefore it casts the burden of establishing the contrary on the accused.

— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016

Was this dictum helpful?

FACTS IN DEFENSE CASE MAY STRENGTHEN CLAIMANT’S CASE, AND MAY BE RELIEF UPON

There is no doubt that in civil matters, the onus of proof shifts as the evidence preponderates. I need to say here that a Plaintiff, as the Respondent herein, must succeed on the strength of his own case and not on the weakness of the defence … The rule however changes if the Plaintiff finds in the evidence of the defence facts which strengthen his own case. Where the exception has not happened, the Plaintiff’s case must fail. See Ezekiel Oyinloye v. Babalola Esinkin & Ors. (1999) 5 SCNJ Pg. 278 at 288; Akande v. Adisa & Anor. (2012) 15 NWLR Pt. 1324 Pg. 538 SC; Omoregie v. Aiwerioghene (1994) 1 NWLR Pt. 318 at 488.

— H.M. Ogunwumiju, JCA. First Bank v Oronsaye (2019) – CA/B/335/13

Was this dictum helpful?

WHAT IS PROOF BEYOND REASONABLE DOUBT

It is trite law that in all criminal trials, the burden of proving the guilt of an accused person rests on the prosecution which has to prove the case beyond reasonable doubt. What does proof beyond reasonable doubt mean It simply means establishing the guilt of an accused person with compelling and conclusive evidence. It does not mean proof beyond all doubt or all shadow of doubt or proof to the hilt. In Miller v Minister of Pensions (1947) 2 All ER, 372, it was held that “proof beyond reasonable doubt does not mean proof beyond all shadow of doubt and if the evidence is strong against a man as to leave only a remote probability in his favour, which can be dismissed with the sentence, “of course it is possible”, the case is proved beyond reasonable doubt.” — J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019

Was this dictum helpful?

No more related dictum to show.