001078 89. The Court notes that the expression encompasses Commission ‘legal status’ under Article 5 of the Charter the right to nationality. The same understanding is provided by the in the matter of Open Society Justice Initiative v. Céte d'Ivoire. In that case, the Commission took the view that: "The specific right protected under Article 5 of the Charter is therefore the guarantee of an obligation incumbent on every State Party to the Charter to recognize for an individual, a human being, the capacity to enjoy rights and exercise obligations ... nationality is an intrinsic component of this right, since it is the legal and socio-political manifestation of the right, as are, for example, the status of refugee or of resident granted by a State to an individual for the purpose of enjoying rights and exercising obligations”.”* 90. The Court notes that, in the instant case, the Parties’ dispute over the issue as to whether the Applicant is a Tanzanian by birth. The Applicant maintains that he is a Tanzanian national while the Respondent State argues that he is not. Thus, in these circumstances, it is important to determine who bears the burden of proof. 91.In its case-law on the burden of proof, this Court has adopted the general law principle of actor incumbit probatio by which anyone who alleges a fact must prove it. That principle was applied for instance in the case of Kennedy Owino Onyachi v. United Republic of Tanzania where the Court held that “it is a fundamental rule of law that anyone who alleges a fact must provide evidence to prove it’. 92. It flows from the foregoing that the burden of proof lies with the alleging party and shifts to the other party only when discharged. Having said that, the Court is of the view that this principle is not static and may be subject to exceptions especially. in circumstances where the alleging party is not in a position to access or produce the required proof; or where the evidence is manifestly in the custody of the other party or the latter is entrusted with the means and prerogatives to discharge the burden of 18 Communication 318/06, Open Society Justice Initiative v. Republic of Céte d'Ivoire, §§ 95-97. +3 Kennedy Owino Onvachi v. United Republic of Tanzania (Merits), §142. 24