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…The burden of proof lay on the appellant and she failed to discharge this burden.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…

…We have carefully studied the judgment but we are satisfied that, taken as a whole, the judgment shows that the magistrate did not err as regards the burden of proof and that the only interpretation of his judgment is that…

…The magistrate considered the forms with the whole evidence without placing any burden of proof on the appellant, and it was not indeed suggested that he had done otherwise in this appeal.…

…Jiwaji submitted that he was under no obligation to call the driver as a witness because the defendant had no burden of proof.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…was in “no man’s land” near the Kenya-Somali border, and essential witnesses including the Somali Militia officers, were not called to testify, and all in all, the prosecution did not in the circumstances discharge the burden…

…The burden of proof was on the prosecution throughout and the standard of proof was beyond reasonable doubt. The charge was based on the premises that the stuff was a petroleum product.…

…All that can be concluded is that the appellant had the burden of proof to disprove service, and on the strength of the return of service and affidavit of the process server, the burden of proof was not discharged by the…

…possession could not safely be relied upon to form the basis of a conviction. 11.It is the law that once an accused person is found in possession of a recently stolen item, then the burden, unlike in all criminal cases where the burden…

…of proof is the prosecution’s to discharge, shifts to that accused person to explain how he came to be in possession.…

…It will be recalled that the burden of proof of damages is upon the plaintiff, as the person alleging loss.…

…This burden of proof was satisfied. 26.The appellant was identified positively by the PW1 the complainant and by PW2.…

…The formal burden of proof does not shift.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…The learned trial judge recounted the prosecution evidence, the appellant’s unsworn statement, correctly pointed out upon whom the burden of proof lay and said the appellant’s unsworn statement suggested the defence of drunkenness…

…Mr Shah argued that there was no express prohibition as regards the use of the respondent’s vehicle and that the respondent, as employer, could not discharge its burden of proof merely by saying that the second defendant…

…Mr Couldrey relied to a large extent on the decision in Sanderson v Collins [1904] 1 KBD 628, and submitted that the respondent had dislodged the burden of proof placed on him.…

…Having radically altered his case, it was that altered case which he had to explain that had been proved to a prima facie extent, before the burden of proof passed to the respondent.…