Case law
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Division and case type: CivilCivil 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.…
Division and case type: CivilCivil Appeal
…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…