psychological effects caused by endogenous and exogenous factors which must be
proven in each specific situation.
It is a general principle of law that he who asserts a claim, must prove same.
The rule on burden of proof determines which party is responsible for putting forth
evidence and the level of evidence which must be provided in order for their claim
to succeed.
In most cases, the burden of proving the fact of a claim or allegation rests on the
Plaintiff who is required to present a persuading evidence to support those
allegations.
In Falana & anor V. Republic of Benin & 2 Ors Judgment No: ECW/CCJ/JUD/02/12
unreported, this Court held that “as always, the onus of proof is on a party who
asserts a fact and who will fail if that fact fails to attain that standard of proof that
will persuade the Court to believe the statement of the claim”.
In Rangammal9 V. Kuppuswami and Ors, Civil Appeal No. 562 of 2003, the Court held that
the burden of proof lies on the person who asserts the fact and not on the person who denies
the fact to be true. The responsibility of the Defendant to prove a fact to be true would start
only when the authenticity of the fact is proved by the Plaintiff.
In the instant case, the Plaintiff in a bid to establish his case attached supporting
documents to his Initiating Application as evidence of his averment to prove that he
was physically assaulted but not tortured as alleged.
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