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See Also:
- EVIDENCE - Declaratory relief - Need for a party seeking declaratory reliefs to establish his entitlement to the reliefs upon the strength of his own case
"The case of the appellant being basically declaratory the burden of proof rested solely on him and none on the respondents and the success of the appellant's case rested on…
- JURISDICTION - JURISDICTION OF THE COURT OF APPEAL - Statutory provision as to the exclusive appellate jurisdiction of the Court of Appeal
"The jurisdiction of the Court of Appeal is conferred by Section 240 of the 1999 Constitution, as amended, which provides: "240. Subject to the provisions of this Constitution, the Court…
- 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…