Principle

EVIDENCE LAW — Burden of Proof — Effect of Misplacing Onus of Proof

Area of law
EVIDENCE LAW
Court
Supreme Court

Misplacing the onus of proof on the wrong party is a grave error. Where a court erroneously shifts the burden placed by law, the judgment ought to be set aside. The principle applies to all civil proceedings. The court must correctly identify which party bears…

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