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…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.…

…This burden of proof was satisfied. 26.The appellant was identified positively by the PW1 the complainant and by PW2.…

…The formal burden of proof does not shift.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…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…

…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…

…Mr Shah argued that there was no express prohibition as regards the use of the respondent’s vehicle and that the respondent, as employer, could not discharge its burden of proof merely by saying that the second defendant…

…Mr Couldrey relied to a large extent on the decision in Sanderson v Collins [1904] 1 KBD 628, and submitted that the respondent had dislodged the burden of proof placed on him.…

…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.…

…Thus, granted that the burden of proof in contempt of court allegations is higher than the balance of probabilities standard in civil matters, this court nds that 1st, 2nd, 3rd and 5th Respondents may not have not been on…

…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…

…We think, however, that he lost sight of the fact that the burden of proof that the statements were voluntary was on the prosecution and that evidence that the appellants had been subjected to some violence while in custody…