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See Also:
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the onus of proof to show that the Court of Appeal failed to exercise its discretion judicially
"The onus is on the appellants to show that the Court of Appeal failed to exercise its discretion judicially in refusing to re-open the case as desired by the appellants…
- EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF - Effect of failure to discharge the burden of proof placed on a party
"...Therefore when the defendants introduced their pleadings, issues that would convert him to be a claimant/plaintiff on such issues, it is his duty to prove the existence of such facts…
- CRIMINAL LAW AND PROCEDURE - Onus of proof - Proper order to make when the court is in doubt of the evidence adduced
JAMES IKHANE V. COMMISSIONER OF POLICE (1977-LCER-1158-SC) “It is trite law that if on the whole evidence the Court is left in a state of doubt, the prosecution would have…
- LAND LAW - DECLARATION OF TITLE - Onus of proof - On whom lies the onus of proof - Effect of failure to discharge the onus of proof
BRIGBO V. ENYIN PESSU (1974-LCER-913-SC) "In the case for a declaration of title, the onus is upon the plaintiff to adduce sufficient evidence to show that he is entitled to…
- EVIDENCE - Burden of Proof or Onus of Proof - Whether a plaintiff can rely on the weakness of the case of the defendant to prove his own case in an action for declaration of title
"I think the rule that in a claim for declaration of title the plaintiff must succeed on the strength of his case and not on the weakness of the defendant's…