D. O. COKER, J.S.C (Delivering the Leading Jugdment): This straight forward case of claim for balance of price of goods sold and delivered has been complicated by the inept manner in which it was conducted in the High Court of Lagos State, and the unfortunate misdirection of the learned trial judge on the vexed subject of onus of proof in a civil proceedings, which is concerned with the relative strength of evidence adduced by each of the parties to the case. See Nigerian Maritime Services Ltd. v. Alhaji Bello Afolabi (1978) 2 S.C. 79; Mogaji and Ors. v. Odofin (1978) 4 S. C. 91 P. 93.
The burden of proof of the case must be related to issues raised in the pleadings and the strength of the totality of evidence adduced by the contesting parties at the trial. There is no absolute standard. The degree of probability depends on the subject matter and varies from case to case, and the burden of the issues is divided, each party having one or more cast upon him and is fixed neither on the …