"When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner...
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"In civil cases while the burden of proof may initially be on the plaintiff, the proof or rebuttal of issues which arise in the course of proceedings may shift from...
"I can see no evidence on record to support in this case the admissibility of secondary evidence in place of primary evidence of the contents of the letter containing the...
"To succeed in a claim for libel, it is settled law that the actual defamatory words complained of must be proved. To do this the plaintiff must tender in evidence...
"No evidence taken under this law shall be admissible against any person in any civil or criminal proceedings whatever, except in the case of a person charged under section 12...
"Although it was admitted, it added nothing to the appellants' case as it has no probative value... Exhibit B was not only a default judgment but also did not give...
"The plea of res judicata therefore, robs the court of its jurisdiction; and that explains why, in practice, the plea has always been used only as a defence. It is...
"To succeed on a plea of RES JUDICATA the party relying on it must prove that parties, the issues and the subject-matter in the previous action were the same in...
The conclusion to which I have therefore arrived is that the second issue (claim) is an entirely new issue (claim) which has not been previously canvassed. It cannot therefore be...