Principle

EVIDENCE LAW – Burden of Proof – Proof of Partition – Onus on Party Asserting Exclusive Ownership Against Claim of Communal Land

Area of law
EVIDENCE LAW
Court
Supreme Court

Where the plaintiff proves the land is communal (family or community property), the burden shifts to the defendant claiming exclusive ownership to prove that claim. The defendant must establish how the land ceased to be communal and became individual property. The onus is on the…

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