On Burden of proof placed on the plaintiff in a claim for declaration of title and the effect thereof

"In a claim for declaration of title the plaintiff succeeds on the strength of his case and not on the weakness of the defendant's case and the onus lies on the plaintiff to satisfy the court on the evidence he adduced that he is entitled to a declaration of title.

If the plaintiff fails to discharge the onus his claim fails and his action is dismissed. See: Kodilinye v Odu (1935) 2 W.A.C.A. p.336; Abisi v Ekwealor (1993) 6 N.W.L.R. (Pt.302) p.43; Salami v Gbodoolu (1997) 4 NWLR (Pt.449) p.377."

Per RHODES-VIVOUR, J.S.C in FRANCIS ADESINA AYANWALE v. OLUMUYIWA OLUMIDE ODUSAMI: (2011) LPELR-SC.90/2004