OSHO V. ADELEYE [2024] 8 NWLR (1941) 431 SC
ON ONUS ON PARTY SEEKING DECLARATORY RELIEF
A claim for a declaratory relief is a discretionary remedy which is never granted as a matter of course, or on admission of the adverse party or in default of pleadings by the defendant. The claimant must lead evidence to establish his entitlement to the declaration he seeks and may not rely on the weakness of the defence, if any.
IBRAHIM V. MUSA (2024) 14 NWLR (PT. 1959) 475
ON BURDEN ON CLAIMANT FOR DECLARATORY RELIEF
A claimant seeking declaratory reliefs must succeed on the strength of his own case and not on the weakness of the respondent’s case. So, a claimant who seeks declaratory reliefs has the burden to prove to the satisfaction of the court that he is entitled to same. He is not allowed to point at any weakness, omission or default on the part of the respondent. Simply put, the claimant must stand or fall on the strength of his own case. If his case is strong, he wins, and if his case is weak or shaky, he loses. In this case, the appellant claimed five declaratory reliefs and five consequential reliefs, which are predicated on the success of the declaratory reliefs. Therefore, he has the legal burden to prove to the satisfaction of the court that he is entitled to those reliefs.