Case law
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Division and case type: CriminalCriminal Appeal
…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…
…We have carefully studied the judgment but we are satisfied that, taken as a whole, the judgment shows that the magistrate did not err as regards the burden of proof and that the only interpretation of his judgment is that…
Division and case type: CriminalCriminal Appeal
…The magistrate considered the forms with the whole evidence without placing any burden of proof on the appellant, and it was not indeed suggested that he had done otherwise in this appeal.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…This burden of proof was satisfied. 26.The appellant was identified positively by the PW1 the complainant and by PW2.…