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FACTS ADMITTED NEEDS NO FURTHER PROOF

Dictum

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.”

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

“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

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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

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PLAINTIFF CANNOT RELY ON ADVERSARIAL CASE WEAKNESS

The law does not permit a plaintiff to rely on the weakness of his adversary’s case, unless same supports his claim. – Aderemi JCA. Irawo v. Adedokun (2004) Was this dictum helpful? Yes 0 No 0...

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BURDEN OF PROOF IN A CIVIL CASE – EVIDENTIAL BURDEN

Section 137 of the Evidence Act, 2004 provides for the burden of proof in civil cases. The burden of first proving the existence of a fact lies on the party against whom the judgment of the court could be given if no evidence were produced on either side, regard being had to any presumption that...

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PROOF REQUIRED UNDER EVIDENCE ACT NOT APPLICABLE TO ARBITRATION PROCEEDINGS

Proof as required under the Evidence Act is not applicable in arbitral proceedings as provided for in Section 256(1)(a) of the Act which says that: “This Act shall apply to all judicial proceedings in or before any Court established in the Federal Republic of Nigeria, but it shall not apply to – (a) Proceeding be...

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HE WHO ASSERTS A FACT HAS THE BURDEN TO PROVE THOSE FACTS

The appellants in their petition desired the Tribunal to give judgment to them granting them the reliefs they claimed on the basis that the facts they assert in their petition exist. Therefore, they had the primary legal burden to prove the existence of those facts by virtue of S.131(1) of the Evidence Act 2011 which...

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