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…In the circumstances, the burden of proof is upon the plaintiff to prove that it duly filed such a notice. Such a Notice must be stamped upon payment of requisite filing fee.…

…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.…

…give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist. (2) When a person is bound to prove the existence of any fact it is said that the burden…

…of proof lies on that person.…

…And on whom did the burden of proof lie for these issues?…

…Certainly if no evidence at all were given on either side Munini and Musangi would fail in this suit so, according to section 108 of this Act, the burden of proof was on them.…

…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…

…for the plaintiff argues that in the absence of service records which were not produced, there is no evidence that tractor was being serviced as required by the manufacturers and the defendant has failed to discharge the burden…

…of proof placed on it.…

…The burden of proof is however, on the plaintiffs to establish a contract between themselves and the defendant as a broker.…