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!

A PARTY IS FREE TO PROVE HIS CASE BY ANY MEANS HE DEEMS APPROPRIATE

Reach more audience. Place advert here.

“10. Defendant contended that the fact that the plaintiff did not’ testify himself or call witnesses to testify on his behalf amounts to a waiver of his claim as there is no substantiating evidence upon which judgment can be granted in his favour. Defendant urged the Court to dismiss the plaintiff’s claim as it is unverified and unsubstantiated. With respect, this position canvassed by the defendant is not tenable at law. A plaintiff can prove his case either by relying on documents or by providing oral evidence or he could use a combination of both. A party is free to prove his case by any means he deems appropriate.”

— Ayika v Liberia (2012) – ECW/CCJ/JUD/09/12

Was this dictum helpful?

SHARE ON

proof

FACTS ADMITTED NEEDS NO FURTHER PROOF

U.D.F.U. v. Kraus (2001) 24 WRN 78 @ p. 91, where it was held firmly inter alia thus: “The law is unequivocal that a fact admitted by the Defendant in his pleading must be taken by a Court of law as established and should therefore be treated as one of the agreed facts between the parties to the suit. Indeed, these facts are directly admitted as in the instant case or deemed admitted as provided for in the Rules of Court dealing with pleadings, such averments do not need to be processed in Court … The judgement of the Court delivered on 17|2|97 based on the admission cannot be faulted.”

Was this dictum helpful?

WHEN PLAINTIFF’S BURDEN IS MINIMAL

It is settled law that where the party offers no evidence in defence of the case of the plaintiff, the burden placed on the plaintiff is minimal, since there is no evidence to challenge the case of the plaintiff and the plaintiff can use the unchallenged evidence to establish his case. – Onnoghen JSC. Chami...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

HE WHO ASSERTS MUST PROVE

The burden of proving a particular fact is on the party who asserts it. See Okubule v. Oyagbola, (1990) 4 N.W.L.R. (Pt.147) 723; and Ike v. Ugboaja (1993) 6 N.W.L.R. (Pt.301) 539. That is the position in civil cases but the onus does not remain static. It shifts from side to side, where necessary, and...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

THE PARTY WHO AFFIRMS THE POSITIVE TESTIFIES FIRST

In civil cases, proof is based on balance of probabilities and it rests on the party who asserts the affirmative, in this case the appellant and he failed to discharge the burden on him. Daodu v. N.N.PC. (1998) 2 NWLR (Pt. 538) 355 at 365 (SC); Lewis and Peat (N. R.I) Ltd v. Akhimien (1976) 7 SC...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHEN THE BURDEN OF PROOF WILL LIE ON DEFENDANT – WHEN DEFENDANT BECOMES THE ASSERTER OF FACTS

My noble lords, nobody is disputing or denying the operation of the general principle of proof in civil matters by casting the burden of proof on the plaintiff where the averments contained in the statement of claim were traversed by the defendant. In such a situation, the defendant will have to wait for the plaintiff...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WAYS OF PROVING THE COMMISSION OF A CRIME

There are 3 ways to prove the commission of a crime as enunciated in the case of Lucky vs State (2021) LPELR 53541 (CA) page 88, which are: a. The confessional statement of the accused person; b. Through circumstantial evidence; c. Evidence of an eye witness to the crime. – PER I.S. BDLIYA, J.C.A. Barma...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.