PERSON WHO ASSERTS HAS ONUS TO PROVE – (ECOWAS Court)

In FEMI FALANA & ANOR V REPUBLIC OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 PG. 34, the court held that: “As always, the onus of proof is on a party who asserts a fact and who will fail if that fact fails to attain that standard of proof that will persuade the court to believe the statement of the claim”. Vide SIKIRU ALADE VS FEDERAL REPUBLIC OF NIGERIA (2012) ECW/CCJ/JUD/10/12. PARA 48.

Was this dictum helpful?

SUSPICION IS NO PROOF

Suspicion no matter how strong or how grave can never take the place of legal proof. – OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

BURDEN TO PROVIDE DOCUMENT IS IN THE PARTY WHO IS IN POSSESSION OF THE DOCUMENT

Para. 68: “It is trite law that when a document is in the custody of the adverse party, the burden of proof of same shifts from the claimant to the custodian of the document. It is common knowledge that information about pension benefits especially the matrix of calculation is domiciled with the employer. The employee, more often than not upon retirement is presented with the total entitlement due same having been calculated by the employer. Thus when the records and the metric of calculation are in the custody of the employer, as in this instant case, the Respondent, the onus lies on them to provide.”

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

Was this dictum helpful?

APPELLANT MUST SUCCEED ON ITS OWN BRIEF – WHERE RESPONDENT FILED NO BRIEF

An issue may then be raised as to whether the non-filing of the Respondent’s Brief of Argument will make the Appellants appeal to succeed. All the some, the non-filing of the Brief of Argument in respect of this appeal by the Respondent to the issues ventilated by the Appellant in his Brief of Argument does...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

SECTION 131 EVIDENCE ACT, HE WHO ASSERT MUST PROVE

Section 131 of the Evidence Act states that any person who desires any Court to give judgment as to any legal right or liability dependent on the existence of facts shall assert and prove that those facts exist U. I. C. Ltd Vs T. A. Hammond Nigeria Ltd (1998) NWLR (Pt 565) 340, Okoye Vs...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

CIVIL SUIT IS DECIDED ON THE BALANCE OF PROBABILITIES

Now, civil suits are decided on the balance of probabilities, on the preponderance of evidence. The burden of proof is not static but shifts and the onus of adducing further evidence is on the person who will fail if such evidence is not adduced. See Osuji v Eke [2009] 16 NWLR (Pt 1166) 81.

— O.A. Obaseki-Osaghea, J. Akinsete v Westerngeco (2014) – NICN/LA/516/2012

ACTIO POPULARIS – HE WHO CHALLENGES MUST PROOF

Reach more audience. Place advert here.

Was this dictum helpful?

PERSON WHO ASSERTS HAS ONUS TO PROVE – (ECOWAS Court)

Was this dictum helpful?

SUSPICION IS NO PROOF

Membership Required

BURDEN TO PROVIDE DOCUMENT IS IN THE PARTY WHO IS IN POSSESSION OF THE DOCUMENT

Was this dictum helpful?

APPELLANT MUST SUCCEED ON ITS OWN BRIEF – WHERE RESPONDENT FILED NO BRIEF

Membership Required

SECTION 131 EVIDENCE ACT, HE WHO ASSERT MUST PROVE

Membership Required

CIVIL SUIT IS DECIDED ON THE BALANCE OF PROBABILITIES

Was this dictum helpful?