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Subject Matter Index

Browse cases by legal subject matter and principles

Burden of proof generally

11 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 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

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

2 cases

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

4 cases

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

1 case

Duty of a party to prove his case

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 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

1 case

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

Evidential burden of proof

3 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

8 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

2 cases

How the burden of proof is discharged in civil cases

2 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

35 cases

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

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

14 cases

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

3 cases

Nature of the burden of proof of insanity

1 case

Nature of the burden of proof on a plaintiff

7 cases

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

25 cases

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

5 cases

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

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

1 case

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 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

26 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

11 cases

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

3 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

12 cases

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

4 cases

On whom lies the burden of proof in civil cases

80 cases

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

38 cases

On whom lies the burden of proof in criminal cases

91 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

20 cases

On whom lies the burden of proof in election petitions

8 cases

On whom lies the burden of proof in interpleader proceedings

6 cases

On whom lies the burden of proof in land matters

1 case

On whom lies the burden of proof in matrimonial causes

3 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 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 there is an allegation of wrongful exercise of power vested in an institution

1 case

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 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

1 case

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

4 cases

On whom lies the burden of proving an issue

3 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 Will

10 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

2 cases

On whom lies the burden of proving negligence

11 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

12 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 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 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 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

5 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

46 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 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 particular fact

1 case

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

1 case

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

1 case

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 placed on the propounder of a Will

7 cases

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

3 cases

The concept of burden of proof on the pleadings

1 case

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

6 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 prosecution

2 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

2 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 plaintiff must succeed on the strength of his own case

6 cases

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

2 cases

The principle that he who asserts has the burden of proof

4 cases

The principle that he who asserts must prove

84 cases

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

2 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

4 cases

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

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

1 case

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

1 case

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

9 cases

When the burden of proof will shift in election cases

1 case

When the burden of proof will shift to the accused person

3 cases

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

1 case

Whether an accused person has a burden of proving his innocence

4 cases

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 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

11 cases

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 on a party who makes a negative assertion

6 cases

Whether the burden of proof is on the party who asserts

27 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

6 cases

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 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 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 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

6 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 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

7 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 who has not counterclaimed

1 case

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