In the pursuit of declaratory relief within legal proceedings, it is imperative to acknowledge that the burden squarely lies on the party seeking such relief to establish their entitlement.

The Insight:

Declaratory relief is deemed an equitable remedy and is not granted as a matter of course. As illuminated in the case of Akande v Adisa & Anor,[1] a party seeking a declaration must rely on the strength of his own case. This is because, declaratory relief is not granted automatically or based on the weakness of the defense; the plaintiff must convincingly demonstrate their entitlement. This underscores the importance of presenting a compelling case supported by evidence to warrant the court’s declaration.

Judicial decisions such as Coker v Ayoade,[2] Anyaru v Mandilas Ltd.,[3] and Nyesom v Peterside further emphasise the principle that declaratory relief hinges on the plaintiff’s ability to conclusively establish his case.

The only apparent exception to the rule arises when the defence itself bolsters the plaintiff’s case. In such instances, the court may consider granting declaratory relief based on the combined strength of the plaintiff’s case and the supportive stance of the defence.

Therefore, parties seeking declaratory relief must meticulously prepare their case and present cogent evidence to convince the court of their entitlement to such relief. Relying solely on the weakness of the defense is insufficient to secure declaratory relief.

In conclusion, parties seeking declaratory relief must understand that the burden rests on them to establish their case convincingly. This underscores the importance of thorough preparation and presentation of evidence to ensure success in obtaining declaratory relief from the court

[1] (2012) 5 SC (Pt.1) 1

[2] (1966) NWLR 81

[3] (2007) 10 NWLR (Pt1043) 462

Levi I. Shaapera, Esq., is a legal research enthusiast with a passion for exploring the intricacies of the law. As the Founder and Editor-in-Chief of LawCompass Electronic Reports (LCER), he is dedicated to providing comprehensive legal analyses and insights. In addition to his role at LCER, Levi serves as the Managing Partner at Leis Law Clinic, where he applies his expertise to offer comprehensive legal services. With a commitment to excellence and a deep passion for the law, Levi plays a pivotal role in advancing legal scholarship and practice.

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