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Subject Matter Index

Browse cases by legal subject matter and principles

At what point will the burden of proof shift to the defence to show that the properties in question were family properties and not self-acquired

1 case

Burden of proof generally

13 cases

Burden of proof in a charge of murder

1 case

Burden of proof in a claim for title to land

1 subsidiary principles

Burden of proof in an action for civil forfeiture

1 case

Burden of proof in an action for wrongful termination of employment

7 cases

Burden of proof in an appeal

1 case

Burden of proof in Chieftaincy matters

1 case

Burden of proof in civil and criminal cases

1 case

Burden of proof in contempt cases pertaining to a violation of the order of court

1 case

Burden of proof in contracts

1 subsidiary principles

Burden of proof in matrimonial proceedings

1 subsidiary principles

Burden of proof in the torts of assault and false imprisonment

1 case

Burden of proof on an accused person where the offence has been established against him

2 cases

Burden of proof on an employee complaining that his employer is in breach of the conditions of service

1 case

Burden of proof on plaintiff who asserts the claim that he has been underpaid in his allowances and retirement benefits

1 case

Burden of proof on the pleadings

3 cases

Burden of proof regarding the question of alibi

12 cases

Burden of proof where a claim and a counter-claim are filed

4 cases

Burden of proof where a counterclaim for negligence is filed

1 case

Burden of proof where a party admits title to land was originally vested in a rival claimant

1 case

Burden of proof where debt is admitted or denied

1 case

Burden of proof where the defence of accidental discharge is raised

1 case

Burden on the defendants to prove issues in the pleadings which convert him to be a plaintiff on such issues

1 case

Burden to prove legal the existence of facts on which a right or liability is dependent

2 cases

Categories of burden of proof

5 cases

Difference between the burden of proof in a criminal case and the burden of proof in a civil case

1 case

Distinction between legal and evidential burden of proof

7 cases

Distinction between the legal and evidential burden of proof in the trial procedure

4 cases

Distinction between the two kinds of burden of proof

1 case

Distinctions between the general burden of proof and the burden of proof in the pleadings

1 case

Duty of a party on whom lies the burden of proof

1 case

Duty of a party to prove his case

1 case

Duty of plaintiff to produce sufficient evidence to prove their case against the defendant

1 case

Effect of a misdirection by the court on whom lies the burden of proof on settled pleadings

1 case

Effect of a misdirection casting the burden of proof on a wrong party

1 case

Effect of a wrong placement of the burden of proof

1 case

Effect of failure of a defendant to adduce sufficient evidence after the burden of proof shifts to him

1 case

Effect of failure of the defendant to adduce credible evidence to defeat the plaintiff's claims

2 cases

Effect of failure of the prosecution to discharge the burden of proof

2 cases

Effect of failure to discharge the burden of proof

7 cases

Effect of failure to lead evidence in respect of facts pleaded

1 case

Effect of failure to prove an averment which is denied

3 cases

Effect of misdirection by the Court on whom lies the burden of proof

2 cases

Effect of the confession of an accused person on the burden of proof on the prosecution

1 case

Effect of the discharge of the burden of proof by the plaintiff in a civil case

1 case

Effect of the plaintiff successfully discharging the burden of proof

1 case

Evidential burden of proof

9 subsidiary principles

Exceptions to the general rule of burden of proof in civil cases

1 case

How evidential burden of proof can be discharged by the prosecution

7 cases

How the burden of proof is determined

1 case

How the burden of proof is discharged in an action for declaration of title to land

3 cases

How the burden of proof is discharged in civil cases

11 cases

How the burden of proof is discharged in criminal cases

3 cases

How the burden of proof of identity of land is discharged

1 case

How the onus of proof is discharged with respect to unchallenged and uncontradicted evidence

2 cases

How the prosecution discharges the onus of proof in criminal cases

8 cases

Meaning of burden of proof

4 cases

Nature of burden of proof in civil cases

65 cases

Nature of burden of proof on a plaintiff claiming a statutory right of occupancy

1 case

Nature of burden of proof on the landlord who seeks to recover possession

1 case

Nature of the burden of proof in an action for declaration of title to land, trespass and injunction

2 cases

Nature of the burden of proof in criminal cases

19 cases

Nature of the burden of proof in proving the validity of a will

4 cases

Nature of the burden of proof in the offence of defrauding by false pretences

1 case

Nature of the burden of proof of insanity

1 case

Nature of the burden of proof on a plaintiff

14 cases

Nature of the burden of proof on plaintiffs who allege that the properties in dispute are the self-acquired properties of their father

1 case

Nature of the burden of proof on the plaintiff in an action for declaration of title to land

43 cases

Nature of the burden of proof where a party claims declaratory reliefs

5 cases

Nature of the burden of proof where a positive assertion is denied

5 cases

Nature of the burden of proof where no counterclaim is filed in an action for declaration of title to land

2 cases

Nature of the burden of proof where the defendant waived his right to participate in the trial

3 cases

Nature of the burden on a party alleging breach of fundamental rights

1 case

Nature of the duty imposed on a party who bears the burden of proof

1 case

Need for the court to examine the pleadings to determine the party on whom the burden of proof lies

1 case

Onus of proof where a material fact is denied

2 cases

Onus of proof where an accused person denies the voluntariness of his confessional statement

7 cases

Onus on the plaintiff to adduce credible evidence to enable him to be compensated

1 case

On whom lies the burden of alleging and proving specific grounds of invalidity of either the appointment or removal of a family head at a family meeting

1 case

On whom lies the burden of dislodging a defence of limitation

1 case

On whom lies the burden of establishing that any act or thing done pursuant to the Exchange Control Act was with the permission of the Minister

1 case

On whom lies the burden of proof after a Will has been propounded

1 case

On whom lies the burden of proof in a case

76 cases

On whom lies the burden of proof in a case of wrongful dismissal

6 cases

On whom lies the burden of proof in a charge of murder; how the burden is discharged

2 cases

On whom lies the burden of proof in a counter-claim

30 cases

On whom lies the burden of proof in a matter; whether the defendant carries a burden of proof

1 case

On whom lies the burden of proof in an action for declaration of title and whether such burden shifts

4 cases

On whom lies the burden of proof in an action for trespass

2 cases

On whom lies the burden of proof in an action in defamation

2 cases

On whom lies the burden of proof in an action in Libel

4 cases

On whom lies the burden of proof in an action in malicious prosecution

1 case

On whom lies the burden of proof in an action in negligence

15 cases

On whom lies the burden of proof in an application for bail

4 cases

On whom lies the burden of proof in an originating application

1 case

On whom lies the burden of proof in civil cases

176 cases

On whom lies the burden of proof in civil cases; whether such burden shifts

59 cases

On whom lies the burden of proof in criminal cases

102 cases

On whom lies the burden of proof in criminal cases; whether some explanation may be required from the accused person

2 cases

On whom lies the burden of proof in criminal cases; whether such burden shifts

22 cases

On whom lies the burden of proof in election petitions

8 cases

On whom lies the burden of proof in interpleader proceedings

8 cases

On whom lies the burden of proof in land matters

1 case

On whom lies the burden of proof in matrimonial causes

4 cases

On whom lies the burden of proof in our adversary system

2 cases

On whom lies the burden of proof of any issue before and after evidence is given

1 case

On whom lies the burden of proof of breach of the covenant alleged in an action for forfeiture

1 case

On whom lies the burden of proof under sharia law and the mode of discharging the burden

1 case

On whom lies the burden of proof where a counterclaim is filed

16 cases

On whom lies the burden of proof where a positive assertion is denied

22 cases

On whom lies the burden of proof where non-compliance is alleged in an election petition

2 cases

On whom lies the burden of proof where non-voting is alleged in an election petition

1 case

On whom lies the burden of proof where the legal personality of a party is challenged by an adversary

1 case

On whom lies the burden of proof where the mental capacity of the testator and due execution of the will are challenged

1 case

On whom lies the burden of proof where there is an allegation of wrongful exercise of power vested in an institution

1 case

On whom lies the burden of proof where there is no counterclaim

2 cases

On whom lies the burden of proof where the validity and due execution of a document is challenged

2 cases

On whom lies the burden of proof where title is allegedly based on a grant

1 case

On whom lies the burden of proving a breach of a fundamental right

4 cases

On whom lies the burden of proving a concluded contract

1 case

On whom lies the burden of proving a criminal defence

1 case

On whom lies the burden of proving a fact within the knowledge of any person

2 cases

On whom lies the burden of proving a material fact

2 cases

On whom lies the burden of proving an allegation

4 cases

On whom lies the burden of proving an allegation of fraud or forgery

4 cases

On whom lies the burden of proving an issue

6 cases

On whom lies the burden of proving any exception, exemption or qualification

1 case

On whom lies the burden of proving a particular assertion at the death/winding up of a company

1 case

On whom lies the burden of proving a relief or right

2 cases

On whom lies the burden of proving a sum of money higher than what was admitted

1 case

On whom lies the burden of proving a valid arbitration

1 case

On whom lies the burden of proving a variation in a contract

1 case

On whom lies the burden of proving a Will

13 cases

On whom lies the burden of proving estoppel

3 cases

On whom lies the burden of proving forgery

2 cases

On whom lies the burden of proving fraud

4 cases

On whom lies the burden of proving insanity

5 cases

On whom lies the burden of proving intoxication

1 case

On whom lies the burden of proving intoxication which leads to insanity/unsoundness of mind

1 case

On whom lies the burden of proving lack of jurisdiction/competence of a court

1 case

On whom lies the burden of proving locus standi

5 cases

On whom lies the burden of proving malice in an action in defamation

3 cases

On whom lies the burden of proving misrepresentation

1 case

On whom lies the burden of proving negligence

17 cases

On whom lies the burden of proving res judicata

1 case

On whom lies the burden of proving robbery

1 case

On whom lies the burden of proving shareholding in a company

1 case

On whom lies the burden of proving that a confessional statement was made voluntarily

17 cases

On whom lies the burden of proving that a court should depart from its previous decision

1 case

On whom lies the burden of proving that a debt is owed

1 case

On whom lies the burden of proving that a document in English language has been properly explained and interpreted to an illiterate

1 case

On whom lies the burden of proving that an accused person should not be released on bail

5 cases

On whom lies the burden of proving that an irregularity has led to a miscarriage of justice

1 case

On whom lies the burden of proving that a party has chosen another domicile in substitution for his/her domicile of origin

1 case

On whom lies the burden of proving that a person in possession of land is not the owner

2 cases

On whom lies the burden of proving that a will was duly executed

3 cases

On whom lies the burden of proving that election took place at the disputed wards in an election petition

1 case

On whom lies the burden of proving that the consent required under Section 93 of the Insurance Act for contract of insurance of Government property was obtained

1 case

On whom lies the burden of proving that the refusal of a trial judge to determine an issue has occasioned a miscarriage of justice

1 case

On whom lies the burden of proving that the seller has delivered the goods to the buyer

1 case

On whom lies the burden of proving that the testator of a will was of unsound mind at the time of execution

1 case

On whom lies the burden of proving that the trademark of another constitutes an infringement

1 case

On whom lies the burden of proving the breach of such condition or warranty in an insurance contract

1 case

On whom lies the burden of proving the cause of death

1 case

On whom lies the burden of proving the existence and terms of a plea bargain agreement

1 case

On whom lies the burden of proving the existence of a custom

1 case

On whom lies the burden of proving the existence of a marriage

1 case

On whom lies the burden of proving the existence of any fact

3 cases

On whom lies the burden of proving the existence of a valid marriage in a licensed place of Worship under the Marriage Act

1 case

On whom lies the burden of proving the fact of detention and the duration

1 case

On whom lies the burden of proving the incorporation of a juristic person

1 case

On whom lies the burden of proving the inner workings/procedures of a bank

1 case

On whom lies the burden of proving the legality or constitutionality of an arrest

2 cases

On whom lies the burden of proving the payment of incorrect filing fees

1 case

On whom lies the burden of proving the reliefs sought in a statement of claim

1 case

On whom lies the burden of proving vicarious liability

1 case

On whom lies the burden of proving want of consideration in an action on a Bill of Exchange

1 case

On whom lies the burden of proving whether proposed corporate names are misleading, offensive and against public policy

1 case

On whom lies the burden of rebutting the presumption in favour of an enactment that it is made for the common good and for good governance

1 case

On whom lies the burden of satisfying the court that an application ought to be granted

1 case

On whom lies the duty of proving that the property in respect of which a restitution or forfeiture order is to be made is from the proceeds of an alleged theft

1 case

On whom lies the general burden of proof

1 case

On whom lies the initial burden of proof

1 case

On whom lies the initial burden of proving the assertions made in a counter-claim

1 case

On whom lies the legal burden of proof in civil cases

10 cases

On whom lies the onus of proof in a claim for declaration

2 cases

On whom lies the onus of proof in a claim for statutory right of occupancy

2 cases

On whom lies the onus of proof in an action for declaration of title to land

72 cases

On whom lies the onus of proof to establish the fair open market value of a premises

1 case

On whom lies the onus of proof when a party claims to be a necessary party to a suit

1 case

On whom lies the onus of proof where allegations in the statement of defence have been denied

1 case

On whom lies the onus of proof where a party admits owing the other party

1 case

On whom lies the onus of proof where a process is in dispute in a patent

1 case

On whom lies the onus of proof where the evidence discloses a possible defence of self defence

1 case

On whom lies the onus of proving a breach of fair hearing

15 cases

On whom lies the onus of proving a claim of possession and perpetual injunction; whether the burden shifts

1 case

On whom lies the onus of proving a particular fact

4 cases

On whom lies the onus of proving contempt of court

4 cases

On whom lies the onus of proving that an illiterate to the execution of a document has knowledge of the contents of the documents

2 cases

On whom lies the onus of proving that there is no negligence in a bailment contract

2 cases

On whom lies the onus of proving the case pleaded and for which documents were tendered in evidence

1 case

On whom lies the onus to prove competence to institute an action

1 case

On whom lies the primary onus of proof in a civil case

2 cases

On whom the onus lies in an action challenging the infringement of a fundamental right

1 case

Position of the law on the burden of proof in civil cases

1 case

Position of the law on the burden of proof where an action is undefended

2 cases

Position of the law where the court misplaces the burden of proof

1 case

Principles governing the discharge of the primary and evidential burden of proof in civil cases

1 case

Principles relating to the burden of proof

1 case

The burden of proof in a case decided on affidavit evidence

1 case

The burden of proof on an accused person in a criminal trial

1 case

The burden of proof on a party seeking to impeach a marriage on the ground of want of consent

1 case

The burden of proof placed on the propounder of a Will

10 cases

The burden of proof where an opponent in a civil case denies the allegation of the other

1 case

The burden of proof where the parties claim and counterclaim for declaration of title to the same piece of land

11 cases

The concept of burden of proof on the pleadings

1 case

The duty on a party who bears the burden of proof

6 cases

The general rules as to the onus of proof in insurance cases

1 case

The nature of the burden of proof on an accused person in a criminal trial

15 cases

The nature of the burden of proof on the plaintiff and defendant in an action for defamation

1 case

The nature of the burden of proof on the propounder of a will where the validity of the will has been challenged on the grounds of forgery

1 case

The nature of the burden of proof on the prosecution

4 cases

The nature of the burden of proof on the prosecution where the accused person pleads guilty to a non-capital offence

1 case

The nature of the burden of proof where the defendant offers no evidence against the claimant's case

3 cases

The position of the law on the burden of proof in land matters

5 cases

The position of the law on the burden of proof in probate cases

4 cases

The position of the law where a party on whom burden of proof rests fails to adduce evidence on a material issue

2 cases

The principle that an accused person has the evidential burden of proving facts within his peculiar knowledge

1 case

The principle that a party alleging to be an illiterate has the burden of proving same

1 case

The principle that a person who makes an averment or assertion, which is denied by his opponent, has the burden to establish that his averment or assertion is true

35 cases

The principle that a plaintiff must succeed on the strength of his own case

9 cases

The principle that he who alleges that certain state of facts exist must prove it

5 cases

The principle that he who asserts has the burden of proof

17 cases

The principle that he who asserts must prove

107 cases

The principle that he who asserts must prove; how the burden is discharged

5 cases

The principle that judgment will be given against the person on whom the burden of proof lies and has failed to discharge same

1 case

The principle that the burden of proof is on the party asserting the affirmative

11 cases

The principle that the burden of proof is upon him who affirms, not on him who denies

1 case

The principle that the burden of proving the guilt of the accused on the offence charged lay with the prosecution

1 case

The principle that the plaintiff must rely on the strength of his case; whether he is entitled to take advantage of an admission by the defendant which is favourable to his case

2 cases

The rule that a counter-claimant must succeed on the strength of his case and not on the weakness of his adversary's case

1 case

The rule that a defendant who admits that the plaintiff is in possession of the land in dispute to establish that such plaintiff is not the owner has the burden of proof

1 case

The rule that a finding of fraud is not to be made without clear and cogent evidence

1 case

The rule that a party who bears the burden of proof should produce the required evidence of the facts in issue

1 case

The rule that a plaintiff who bases his claim on currency conversion or exchange has the onus to establish that the conversion or exchange is authorised by law

1 case

The rule that in cases where knowledge of a fact in issue is peculiarly within the knowledge of the accused, the affirmative must be proved by the accused

2 cases

The rule that issues in controversy have to be resolved according to the evidential rules relating to burden of proof

1 case

The rule that the burden of proof is discharged on an admission

1 case

The rule that the burden of proof rests on the plaintiff where the defendant has denied the plaintiff's claims; how the burden is discharged

1 case

The rule that the party that makes a positive assertion assumes the onus of establishing his allegation

11 cases

The stage at which the appellant would be required to offer any defence

1 case

Types and forms of burden of proof

5 cases

What a claimant in an action founded on fraud must prove

2 cases

What amounts to misplacement of the burden of proof

1 case

What a party making an allegation of fraud must prove

1 case

What burden of proof connotes

4 cases

What the burden placed on the prosecution to prove its case beyond reasonable doubt is dependent on

1 case

What the principle of shifting of burden of proof in civil cases connotes

1 case

When evidential burden arises

1 case

When the burden of proof on a plaintiff will be said to have been discharged on a minimal balance

1 case

When the burden of proof shifts in an action for declaration of title

4 cases

When the burden of proof will shift in a civil case

11 cases

When the burden of proof will shift in election cases

1 case

When the burden of proof will shift to the accused person

5 cases

When the plaintiff will be said to have discharged the burden of proof

1 case

When the prosecution will be said to have failed to discharge the burden of proof

1 case

When will a party be said to have discharged his burden of proof in a civil case

2 cases

where lies the burden of proof of an allegation of collusion in an interpleader

1 case

Whether a defendant can be compelled to open the oral hearing

1 case

Whether a defendant who files a counterclaim assumes the same burden as a plaintiff in the substantive action

9 cases

Whether a last minute change which is in direct conflict with a defence which has been maintained during the major part of the trial will be countenanced by the court

1 case

Whether an accused person has a burden of proving his innocence

4 cases

Whether a party discharges the burden of proof on him by repeating the averments in his pleadings

4 cases

Whether a party whose evidence is in conflict has discharged the burden of proof

1 case

Whether a person making a negative or positive assertion needs to prove same

1 case

Whether a plaintiff must rely on the weakness of the defence or on the strength of his own case

16 cases

Whether a plaintiff who fails to prove his case can pick holes in the defendant's case

1 case

Whether asserting an averment without adducing evidence in support is enough to discharge the onus of proof on a party

1 case

Whether burden of proof depends on the pleadings of the partes in civil cases

1 case

Whether failure by the defence to tender evidence at a trial will discharge the plaintiff of the burden to prove his case

1 case

Whether he who asserts must prove his assertion

14 cases

Whether judgment will be for the defendant where the plaintiff fails to discharge his burden of proof

1 case

Whether merely asserting an averment without adducing evidence in support is enough to discharge the onus of proof on a party

2 cases

Whether the absence of the defendant lessens the burden of proof on the plaintiff

1 case

Whether the burden of proof can exist in vacuo

2 cases

Whether the burden of proof invariably lies on the plaintiff

1 case

Whether the burden of proof is continually shifting

1 case

Whether the burden of proof is on a party who makes a negative assertion

11 cases

Whether the burden of proof is on the party who asserts

29 cases

Whether the burden of proof is restricted to the live issues in the matter

1 case

Whether the burden of proof lies on the person who would fail if no evidence at all is given on either side

7 cases

Whether the burden of proof on a plaintiff in an action for declaration of title is discharged by merely calling his relations to support his evidence

1 case

Whether the burden of proof shifts in an action for declaration of title to land

1 case

Whether the burden of proof shifts in murder cases

2 cases

Whether the burden of proof shifts to an accused person

4 cases

Whether the defendant assumes any burden of proof in an action for declaration of title to land

1 case

Whether the defendant has any responsibility to prove anything as it relates to the declaration of title in the absence of a counter-claim

1 case

Whether the defendant in a civil case assumes any burden of proof

11 cases

Whether the defendant needs to prove anything where the plaintiff has not succeeded in establishing his case

1 case

Whether the failure of the defendant to file a defence guarantees automatic judgment in favour of the plaintiff

3 cases

Whether the initial burden of proof can lie on the defendant

1 case

Whether the joinder of an issue by the defendant relieves the plaintiff of his burden to establish what he asserted

1 case

Whether the legal and evidential burden of proof is on the plaintiff who makes a positive assertion at the start of the trial

1 case

Whether the legal burden of proof is dispensed with where there is implied admission by the defendant

1 case

Whether the onus is on a party to prove a positive and not a negative assertion

4 cases

Whether the onus of proof in a civil case shifts from time to time

10 cases

Whether the onus of proof in an action in negligence shifts to the defendant

1 case

Whether the onus of proving a Will is static

1 case

Whether the onus of proving lack of intention in criminal cases can rest on an accused person

1 case

Whether the plaintiff has a burden of proof where the defendant did not oppose the claim

1 case

Whether the prosecution is relieved of its burden of proof in strict liability offences

1 case

Whether there can be a burden of proof on a party when issues have not been joined on the pleadings

1 case

Whether there is a burden of proof on the accused

12 cases

Whether there is a miscarriage of justice where the onus of proof has been cast on a wrong party

1 case

Whether there is an onus on the defendant to disprove the plaintiff's claim

5 cases

Whether there is an onus on the defendant who has not counterclaimed

2 cases

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