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Effect of failure of the plaintiff to prove a fact

Effect of failure of the plaintiff to prove his case

Effect of failure to call evidence in proof of a case

How proof is effected in applications fought on affidavit evidence

Stages of proof

The principle that a multitude of suspicion is no proof

The principle that proof goes beyond repeating mere averments

The rule that a party must adduce evidence in proof of an assertion that has been traversed by the other party

The rule that a party who disputes an issue does not simply rest the case on formal denials either made in examination in chief or ‘put’ or ‘suggested’ to an opponent under cross-examination

The rule that a plaintiff must prove his case and not merely rely on the weakness of the defence

The rule that when averments are denied by an opponent, admissible and credible evidence must be led from which the fact or facts asserted can be properly and safely inferred

The rule that where a party makes an averment which is capable of proof, he must prove it by providing corroborative evidence

The rule that where a person makes an allegation the onus is on him to lead evidence to prove that allegation

The rule that where the evidence was unsatisfactory, the plaintiffs claim should fail, although it does not lessen the burden which rests on a defendant to prove his counterclaim

The rule that where the forgery/fraud alleged is apparent on the face of the record there is no need for further proof

What constitutes proof of an averment

What proof entails

Whether a party can prove his case by previous acts in his favour

Whether a party can repeat on oath what he has pleaded

Whether a party needs to prove an averment that has not been denied

Whether a statement of defence constitutes proof in law

Whether facts peculiarly within the knowledge of the opponent must be proved by him

Whether mere sworn assertions amount to proof

Whether proof consists of a mere repetition of the matters claimed in pleadings

Whether proof is required where a negative averment is made

Whether the laws of a foreign country are questions of fact and must be proved by evidence

Whether where a party fails to lead evidence on a fact and it is put to him under cross-examination for him to deny, it consttutes proof in law

Whether written documents from a court must be produced to establish a criminal trial and judgment

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