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: CriminalCriminal Case
…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…
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…