particularly to describe whether the parties have made out their claim or defense as the case maybe. As a general rule, the burden of proof lies on the Plaintiff. If that burden is met, the burden then shifts to the Defendant, who now has to plead and prove any defense, by a preponderance of evidence. In SIKIRU ALADE V. FEDERAL REPUBLIC OF NIGERIA, (2012), CCJELR unreported @ para 50, the court held fast to the notion that every material allegation of the claim must be justified by credible evidence and the defense should also sufficiently satisfy every defense and put forward what will rebut the claim or take the risk of not putting anything at all if the claim by their estimation is weak and unproven. See also JOSEPH CONSTANTINE STEAMSHIP LINE LIMITED V IMPERIAL SMELTING CORPORATION (1942). It is however important to bear in mind that this Court as an international court does not operate on the basis of a developed theory or detailed stipulations of procedural law. Its approach to fact finding is also governed to a great extent by each specific situation. In NACHOVA AND OTHERS V. BULGARIA, [GC], 06.07.2005, unpublished, para. 147, the Court spelt out the current state of the law on proof under the Convention in a rather flexible and contextual approach: 31

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