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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.…

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

…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.…

…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.…

…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…

…In the words of his AdvocateThe burden of proof is on the Plaintiff. No notice to sue hadbeen served.…

…As regards the testators mental and physical capacity to make the will, the law presumes that the testator was of sound mind and the burden of proof that the testator was not of sound mind is upon the person alleging lack…

…which raises suspicion of the testators’ capacity at the time of the execution of the will which generally disturbs the conscience of the court as to whether or not the testator had necessary capacity, he had discharged his burden…

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

…The formal burden of proof does not shift.…

…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.…

…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.…

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

…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…