Burden of proof  


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01/07/2019 9:40 pm  

T.Delak distrubudist service LTD &ANOr v Mr Odjegba Ugbowako (2018) lpelr 46480 CA

BURDEN OF PROOF/ONUS OF PROOF: The onus on a party who relies on improper evaluation of evidence as a ground to set aside a judgment 

" Although it is fashionable for Appellants to allege improper or non-evaluation of evidence by trial Courts in their grounds of appeal to this Court against the decisions of those Courts, it should be noted that merely because a trial Court's decision was/is not in favour of a party does not mean that the material and relevant evidence placed before that Court was not properly evaluated to arrive at the decision. The burden is imposed by the law on a party who alleges such improper or non-evaluation of evidence by a trial Court before an appellate Court, to demonstrate the particular piece(s) of the evidence in question and show how it was either not properly evaluated or ignored in the decision by a trial Court and it would have been different but for the improper or non-evaluation

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