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See Also:
- EVIDENCE: Burden of Proof - Burden of proof in civil cases - Duty of the party who asserts to prove - Whether burden of proof remains static in civil suits
"The law is that he who asserts must prove. In civil cases, the burden of first proving the existence or non-existence of a fact lies on the party against whom…
- EVIDENCE - Burden of Proof/Onus of Proof - On whom lies the burden of proof in civil cases
"It is a well settled principle of the administration of justice that a party who sets out to assert the existence of a claim bears the burden of establishing the…
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the burden of proof of the identity of a land in dispute and how same can be discharged
"The plaintiffs claim is for a declaration of title and the burden is on the plaintiff to prove his title; and his first duty is to show the Court clearly…
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the burden of proof of balance of convenience in an application for interim injunction
"...It must however be borne in mind that at all times the burden of establishing such a case as indeed a balance of convenience, rests always on an applicant for…
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the burden of proof where a document is alleged to be forged
"...if the defence case is that Exhibits C, C1, C2 were forgeries the onus was on the respondents to prove that assertion. That onus was not discharged. See Section 137(1)…