Case law
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Division and case type: CivilCivil Case
…In law the burden of proof lies upon the party who asserts the existence of a fact or set of facts.…
…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.” 21.…
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…