International tribunal in ELSI case in R lilich New York, (1992) 77 stated on burden of proof that Applicant's case must be objectively and realistically seen crossing a 'bright line' of proof. Its case must be made by a preponderance of evidence and should be able to persuade the Court to tilt in their favour. Therefore the burden of proof is weightier and is recognized as the twin burdens of proof and persuasion. 38. The point above is further explained that whilst pleadings and evidence must necessarily be presented in order to discharge the burden of proof. pleadings and evidence are distinct concepts. While the former is merely a step towards the latter, and may be insufficient to discharge the burden the latter is necessary to discharge the burden of proof with an added concept of burden of persuasion. This burden of persuasion should be seen as a separable element of the burden of proof which is applicable in this Court. The General Principles of Law was applied by International Courts and Tribunals DUP, London, (1953) 328, where Cheng, noted thus: 'the burden of proof, however closely related to the duty to produce evidence, implies something more. It means that a party having the burden of proof must not only bring evidence in support of his allegations. but must also convince the Tribunal of their truth, lest they be disregarded for want of sufficiency, or proof'. 39. Also, the maxim actori incumbit onus probandi connotes that the claimant carries the burden of proof which may be explained in a plainer manner for understanding that the claimant has the responsibility for adducing evidence on every point necessary to prove his case. As earlier stated above, however, in practical terms, the burden does not always lie on the claimant, for example, where a defence is put forward. the defendant bears the burden of proving the elements necessary to establish the defence. The maxim has manifested itself in both common law and civil law traditions. For example Cross, on Evidence, noted that the legal burden of proving facts lie on him who asserts them, and the French Nouveau Code de Procedure Civile, adopted in 1981. states in Article S that, “ II incombe a chaque partie de prouver conformement a la loi les faits necessaries au success de sa pretention”.” 16