EVIDENCE – BURDEN OF PROOF/STANDARD OF PROOF – Burden and standard of proof in an action for declaration of title to land; whether a plaintiff can rely on the weakness of defence to prove his case


“The onus is on the claimant to establish his title upon a preponderance of evidence or on the balance of probability. He must succeed on the strength of his own case and not on the weakness of the defence, if any, except where the defendant’s case supports his case. See: Arije Vs Arije (Supra): Kodilinye Vs Odu 2 WACA 336 @ 337: Onwugbufor Vs Okoye (1996) 1 NWLR (Pt. 424) 252: Nruamah vs Ebuzoeme (2013) 1 SC 31 @ 55-56.” er KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC in REG. TRUSTEES OF APOSTOLIC CHURCH OF CHRIST v. REG. TRUSTEES OF GRACE CHURCH OF CHRIST (2021-LCER-40497-SC) (Pp 19 – 19; Paras C – E)

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