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…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…

…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.…

…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.…

…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.…

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

…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.…

…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.…