What is the meaning of the Latin maxim qui affirmat non a qui negat incumbit probatio in civil litigation?

It means the burden of proof rests on the party who asserts the existence of a fact, rather than the party who denies it.

What does the plea of non est factum signify when raised by a defendant?

It signifies a denial of the execution of a document, asserting that the document is not the defendant's deed.

When a party pleads non est factum , which party bears the legal burden of proof?

The burden of proof remains on the party who relies on the document to establish its valid execution.

Does a court have the authority to remove evidence from the record if it discovers the evidence is inadmissible after it was already admitted?

Yes, the court has the unbridled license to expunge evidence it wrongly admitted if it determines at the judgment stage that the evidence is inadmissible in law.

Are parties in a civil lawsuit permitted to shift their arguments beyond the scope of their original pleadings?

No, parties are strictly bound by their pleadings and cannot change the nature of their case during final addresses or written arguments.

What is the primary difference between a legal burden and an evidential burden in civil law?

The legal burden is the persuasive burden that rests on the party asserting a fact, while the evidential burden shifts between parties based on the assertions made during trial.

Why is the registration of land instruments in Lagos State described as a sacrosanct requirement?

It is a mandatory statutory requirement that cannot be bypassed or waived by the consent of the parties involved.

If a document is used to prove an equitable interest based on continuous possession, does it require registration under the Land Instruments Registration Law?

While such a document might be used to demonstrate an equitable interest, it still generally requires registration to be pleaded or given in evidence as a formal instrument affecting land.

What happens if a party attempts to introduce an unregistered instrument to prove title, even if the opposing side does not object?

The court is still obligated to reject or subsequently expunge the evidence because statutory requirements for admissibility cannot be waived by the lack of an objection.

What is the limit of the court's power regarding the granting of reliefs in a civil case?

The court is restricted to the specific reliefs claimed in the pleadings and cannot grant orders or reliefs not requested by the parties.

Does an allegation of forgery change the burden of proof compared to a plea of non est factum ?

In both instances, the burden of proving the validity or execution of the contested document rests on the party who is relying on the document for their case.

Why would an unregistered deed be inadmissible to prove title but potentially admissible as evidence of payment?

Admissibility depends on the purpose for which the document is pleaded; it is inadmissible as an instrument of title but admissible as a simple receipt to show money exchange.

Evidence Act Procedures And Land Instrument Admissibility In Nigerian Law Flashcards

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Flashcard Sets

Evidence Act Procedures and Land Instrument Admissibility in Nigerian Law

This deck explores the legal requirements for land instrument registration in Lagos State and the rules governing the burden of proof in civil litigation according to the Evidence Act 2011.

15 cards

intermediate

3000

by @immacute_agbaohwo

Q: Under Section 2 of the Land Instruments Registration Law, what is an <strong>instrument</strong>?

Q: What is the consequence of failing to register an instrument that is required by Section 15 of the L...

Q: Can an unregistered but registrable instrument be used for any purpose in court?

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