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BURDEN TO PROVIDE DOCUMENT IS IN THE PARTY WHO IS IN POSSESSION OF THE DOCUMENT

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Dictum

Para. 68: “It is trite law that when a document is in the custody of the adverse party, the burden of proof of same shifts from the claimant to the custodian of the document. It is common knowledge that information about pension benefits especially the matrix of calculation is domiciled with the employer. The employee, more often than not upon retirement is presented with the total entitlement due same having been calculated by the employer. Thus when the records and the metric of calculation are in the custody of the employer, as in this instant case, the Respondent, the onus lies on them to provide.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

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APPELLANT MUST SUCCEED ON ITS OWN BRIEF – WHERE RESPONDENT FILED NO BRIEF

An issue may then be raised as to whether the non-filing of the Respondent’s Brief of Argument will make the Appellants appeal to succeed. All the some, the non-filing of the Brief of Argument in respect of this appeal by the Respondent to the issues ventilated by the Appellant in his Brief of Argument does...

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HE WHO ASSERTS A FACT HAS THE BURDEN TO PROVE THOSE FACTS

The appellants in their petition desired the Tribunal to give judgment to them granting them the reliefs they claimed on the basis that the facts they assert in their petition exist. Therefore, they had the primary legal burden to prove the existence of those facts by virtue of S.131(1) of the Evidence Act 2011 which...

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STANDARD OF PROOF IN CRIMINAL PROCEEDINGS

It was not for the appellant to prove that the stick he held did not and could not cause the injuries. It is for the prosecution to prove that its use caused the injuries. The burden does not shift. The standard of proof required is very high. On this point, Lord Diplock says – In...

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PERSON WHO ASSERTS HAS ONUS TO PROVE – (ECOWAS Court)

In FEMI FALANA & ANOR V REPUBLIC OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 PG. 34, the court held that: “As always, the onus of proof is on a party who asserts a fact and who will fail if that fact fails to attain that standard of proof that will persuade the court to believe the statement of the claim”. Vide SIKIRU ALADE VS FEDERAL REPUBLIC OF NIGERIA (2012) ECW/CCJ/JUD/10/12. PARA 48.

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SUSPICION IS NO PROOF

Suspicion no matter how strong or how grave can never take the place of legal proof. – OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994) Was this dictum helpful? Yes 0 No 0...

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HOW COURT ARRIVES IN DETERMINING PREPONDERANCE OF EVIDENCE

In determining either the preponderance of evidence or the balance of probabilities in the evidence, the court is involved in some weighing by resorting to the imaginary scale of justice in its evaluation exercise. Accordingly, proof by preponderance of evidence simply means that the evidence adduced by the plaintiff,(in our context the petitioner or appellant)...

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