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See Also:
- 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…
- 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…
- 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 - Instance when the burden of proof will shift to the defendant in a case of negligence
"If a plaintiff relies on res ipsa loquitur as a basis for proving the negligence of a defendant then the primary facts of the occurrence having been accepted, as they…
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the burden of proving insanity
"I agree with the finding of the learned trial Judge that the defence of insanity which the appellant raised was an afterthought. By his own admission, though he had mental…