LAW TIP

If a party makes a claim that is denied, simply repeating it under oath is not enough. They must provide supporting evidence (like documents/facts etc) that convinces the court the claim is true. MAJOLAGBE v. LARBI (1959) GLR 190

QUOTE FROM JUDGEMENT

“Proof, in law , is the establishment of fact by proper legal means; in other words, the establishment of an averment by admissible evidence. Where a party makes an averment, and his averment is denied, he is unlikely to be held by the Court to have sufficiently proved that averment by his merely going into the witness-box, and repeating the averment on oath, if he does not adduce that corroborative evidence which (if his averment be true) is certain to exist. Here I may repeat what I stated in the case of Khoury and anor. V. Richter on this question of proof. That judgment was delivered on the 8th December, 1958, and the passage in question is as follows:- “Proof in law is the establishment of facts by proper legal means. Where a party makes an averment capable of proof in some positive way, e.g. by producing documents, description of things, reference to other facts, instances, or circumstances, and his averment is denied, he does not prove it by merely going into the witness-box and repeating that averment on oath, or having it repeated on oath by his witness. He proves it by producing other evidence of facts and circumstances, from which the Court can be satisfied that what he avers is true.” Majolagbe v. Larbi (1959) GLR 190 

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