Search court decisions

…Further, it is the appellants case that, the learned trial magistrate erred in law in shifting the burden of proof to the appellant which was prejudicial.…

…I would however add that it is true that the learned trial magistrate erred in law in shifting the burden of proof to the appellant when the appellant was called upon to give her defence, it transpired that she had made a…

…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.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…

…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…

…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.…

…The burden of proof was on the prosecution throughout and the standard of proof was beyond reasonable doubt. The charge was based on the premises that the stuff was a petroleum product.…

…In the premises I find that the respondent wife has discharged the burden of proof on her to show that the husband left home without her consent and with no intention of returning.…

…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…

…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.…

…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.…

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