Principle

EVIDENCE LAW – Burden of Proof in Civil Cases – Onus on Plaintiff (onus probandi; absence of counter-claim)

Area of law
EVIDENCE LAW
Court
Supreme Court

The plaintiff bears the burden of proving his claim. The defendant need not prove anything unless he counter-claims. The principle applies to all civil proceedings. The plaintiff cannot rely on the weakness of the defence. The rule is fundamental. The court will dismiss the claim…

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