WHAT IS PROOF IN LAW

Proof in law, is a process by which the existence of facts is established to the satisfaction of the Court, see Section 121 of the Evidence Act, 2011; Olufosoye v. Fakorede (1993) 1 NWLR (Pt. 272) 747; Awuse v. Odili (2005) 16 NWLR (Pt. 952) 416; Salau v. State (2019) 16 NWLR (Pt. 1699) 399. (Pt. 1372) 474; APC v. Karfi (2018) 6 NWLR (Pt. 1616) 479; Ojobo v Moro (2019) 17 NWLR (Pt. 1700) 166.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

Was this dictum helpful?

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 provides that “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must” prove that those facts exists.”

— E.A. Agim, JSC. Oyetola v INEC & Ors. (2022) – SC/CV/508/2023

Was this dictum helpful?

FOR DECLARATION TO LAND, PARTY CANNOT RELY ON WEAKNESS OF DEFENDANT’S CASE

A plethora of authorities abound that a party in a suit for declaration of title to land cannot depend on the weakness of an opponent’s case to succeed. See Kodilinye v. Odu 1935 2 WACA 336, Akinola v. Olowu 1962 1 SCNLR 352, and Ibeziako v. Nwegbogu 1970 1 NMLR 113.

— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)

Was this dictum helpful?

PROOF OF DELIVERY OF DOCUMENT

Agbaje v. Fashola (2008) 6 NWLR (Pt. 1082) 90 at 142. “Where it is alleged that a document was delivered to a person who denies receiving such document, proof of delivery to such person can be established by: (a) dispatch book indicating receipt; or (b) evidence of dispatch by registered post; or (c) evidence of witness, credible enough that the person was served with the document.”

Was this dictum helpful?

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?

BURDEN OF PROOF IN CIVIL CASES

It is to be noted that in civil cases, the proper question for the Court to determine in order to effectually and completely determine the case between the parties is: Whether the Plaintiff has proved his case upon preponderance of evidence as required by law? This question is in line with our law, that the onus is on the Plaintiff to prove his case by preponderance of evidence and the burden of proof does not shift. There is a plethora of judicial authorities on this. Let me quote extensively what the Court said in Odum v. Chibueze (2016) All FWLR (Pt. 848) 714 at 742 743 to wit: “Now, one of the most firmly established principle of legal adjudication is that in a civil suit, the person who asserts a fact has the primary burden of proving the assertion. This is explained by the maxim “ei qui affirmat non ei qui negat incumbit probation” which means the burden of proof lies on one who alleges, and not on him who denies Arum v. Nwobodo (2004) 9 NWLR (Pt. 878) 411, (2005) All FWLR (Pt. 246) 1231; Olaleye v. Trustees of ECWA (2011) All FWLR (Pt. 565) 297, (2011) 2 NWLR (Pt. 1230) 1; Imonikhe v. Unity Bank – Plc. (2011) All FWLR (Pt. 586) 423; (2011) NWLR (Pt. 1262) 624. In other words, the onus of proof of an issue rests upon the party whether claimant or Defendant who substantially asserts the affirmative of the issue. It is fixed at the beginning of the trial by the state of the pleadings as it is settled as a question of law, remaining unchanged throughout the trial exactly where the pleading place it and never shifting in any circumstance whatever. In deciding what party asserts the affirmative, regard must be had to the substance of the issue, and not merely to its grammatical form which the pleader can frequently vary at will. The true meaning of the rule is that where a given allegation whether affirmative or negative, forms an essential part of a party’s case, the proof of such allegation rests on him Elemo v. Omolade (1968) NMLR 359; Fashanu v. Adekoya (1974) 6 SC 83; Atane v. Amu (1974) 10 SC 237; Kate Enterprises Ltd v. Daewoo (Nig.) Ltd (1985) 2 NWLR (Pt. 5) 116 and Ogboru v. Uduaghan (2011) All FWLR (Pt. 577) 650, (2011) 2 NWLR (Pt. 1232) 538.”

— I.E. Ekwo J. Mbah v. NYSC, Ibrahim Muhammad (FHC/ABJ/CS/611/2023, 10-NOV-2023)

FACT UNDISPUTED NEED NO FURTHER PROOF

Reach more audience. Place advert here.

Was this dictum helpful?

WHAT IS PROOF IN LAW

Was this dictum helpful?

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

Was this dictum helpful?

FOR DECLARATION TO LAND, PARTY CANNOT RELY ON WEAKNESS OF DEFENDANT’S CASE

Was this dictum helpful?

PROOF OF DELIVERY OF DOCUMENT

Was this dictum helpful?

HE WHO ALLEGES MUST PROVE

Was this dictum helpful?

BURDEN OF PROOF IN CIVIL CASES

Was this dictum helpful?