LAW TIP

If a party makes a claim that is denied by the other party, they must prove it with credible & admissible evidence. The required proof depends on the nature of the claim. ZABRAMA v. SEGBEDZI [1991] 2 GLR 221

QUOTE FROM JUDGEMENT

“The correct proposition is that, a person who makes an averment or assertion, which is denied by his opponent, has the burden to establish that his averment or assertion is true.  And he does not discharge this burden unless he leads admissible and credible evidence from which the fact or facts he asserts can properly and safely be inferred.  The nature of each averment or assertion determines the degree and nature of that burden.  The case of Majolagbe v. Larbi should therefore not be taken to have stated a general principle on proof in law.” ZABRAMA v. SEGBEDZI [1991] 2 GLR 221-247

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