support of his allegations,
but must also convince the Tribunal of their
truth, lest they be disreqarded for want, or insufficiency,
50.
of proof
ss
With all these principles of law on burden of proof, burden of evidence
and burden
of persuasion,
enunciated
and quoted above, this Court
holds fast to the notion that every material allegation of the claim must
be justified by credible evidence and the defence should also sufficiently
satisfy every defence and put forward what would rebut the claim or lake
the risk of putting nothing at all if the claim by their estimation is weak
and
unproven.
requirements
51.
Where
of probative
annexed
circumstances
contended
facts
are
placed
to meet
the
above by the plaintiff, the claim would have failed.
On the question
documents
insufficient
value or weight to be attached
to the affidavit to the motion
depends
to the
on the
of this case and as earlier explained above. The defendant
that the plaintiff should prove that he is in prison custody
because the detention
warrant was not produced. Considering
that the defence did not controvert the said documentary
are admissible and probative value of high standards
to them and acted upon them.
the fact
evidence, same
would be attached
Can such detention be then within the
confines of the law?
52.·
In the present
case, in establishing
its case the plaintiff
produced
documents' to show that the plaintiff was taken to Kirikiri prison in
upon a holding charge by a Magistrate Court and has remained
2003
in the
said prison till date. He the plaintiff swore to an affidavit before a notary
pt:blic
ir~J;:~1:!10.rLpl:i.i9l2.st<1tjng.th~\t.he
date. 1-1is Counsel
further
relicti
Oil
was detained therein in 200:1 l ill '3'
the notice lo produce the detention
warrant served on the Deputy Comptroller
of Prison of the defendant
who did not react to same. In a situation where a notice to produce was
served on the officer of the defendant to produce a vital document like
19