Principle

EVIDENCE LAW – Burden of Proof – Failure to Adduce Evidence in Support of Pleaded Case – Effect

Area of law
EVIDENCE LAW
Court
Supreme Court

A party who does not plead fraud or forgery cannot have the court import fraud into the case. The court cannot base its decision on unpleaded allegations. If a deed of conveyance is not challenged as fraudulent or forged, the court cannot declare it unreliable…

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