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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

2 cases

Burden of proof in a claim for title to land

3 cases

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 where a claim and a counter-claim are filed

3 cases

Burden of proof where a counterclaim for negligence is filed

1 case

Distinction between legal and evidential burden of proof

5 cases

Distinction between the two kinds of burden of proof

1 case

Duty of a party on whom lies the burden of proof

1 case

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

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 to prove an averment which is denied

2 cases

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

6 subsidiary principles

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

1 case

How the burden of proof is discharged in civil cases

9 cases

Nature of burden of proof in civil cases

30 cases

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

1 case

Nature of the burden of proof in criminal cases

5 cases

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

1 case

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

1 case

Nature of the burden of proof on a plaintiff

7 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

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

1 case

Onus of proof where a material fact is denied

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 proof in a case

50 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

1 case

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

19 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

2 cases

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

1 case

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

1 case

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

1 case

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

3 cases

On whom lies the burden of proof in an originating application

1 case

On whom lies the burden of proof in civil cases

96 cases

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

21 cases

On whom lies the burden of proof in criminal cases

12 cases

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

2 cases

On whom lies the burden of proof in interpleader proceedings

2 cases

On whom lies the burden of proof in matrimonial causes

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 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 no counterclaim

2 cases

On whom lies the burden of proving a concluded contract

1 case

On whom lies the burden of proving an allegation

3 cases

On whom lies the burden of proving an issue

3 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

3 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 malice in an action in defamation

1 case

On whom lies the burden of proving misrepresentation

1 case

On whom lies the burden of proving negligence

6 cases

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

5 cases

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 a will was duly executed

3 cases

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 legal burden of proof in civil cases

5 cases

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

26 cases

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 proving a claim of possession and perpetual injunction; whether the burden shifts

1 case

On whom lies the onus of proving a particular fact

3 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 primary onus of proof in a civil case

1 case

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 where an action is undefended

2 cases

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

3 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

8 cases

The duty on a party who bears the burden of proof

6 cases

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

9 cases

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

2 cases

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

3 cases

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

3 cases

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

3 cases

The principle that he who asserts has the burden of proof

13 cases

The principle that he who asserts must prove

23 cases

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

3 cases

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

7 cases

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

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 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

10 cases

What a claimant in an action founded on fraud must prove

1 case

When the burden of proof will shift in a civil case

2 cases

When the burden of proof will shift to the accused person

2 cases

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

1 case

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

1 case

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

1 case

Whether he who asserts must prove his assertion

3 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 is continually shifting

1 case

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

5 cases

Whether the burden of proof is on the party who asserts

2 cases

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

1 case

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

1 case

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

11 cases

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

2 cases

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

4 cases

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 is a burden of proof on the accused

5 cases

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

1 case

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