MARY AGNES MPELUMBE (in her capacity as Administratix of the estates of the late Isaya Simon Mpelumbe VS. SHEKHA NASSER HAM AD. CIVIL APPEAL NO. 136 OF 2021.

Abstract

1. We are also guided by the basic rule that he who alleges has the burden of proof as per section 110 of the Evidence Act, Cap. 6 R.E. 2019.

2.Standard of proof in a civil case is on a preponderance of probabilities, meaning that the Court will sustain such evidence that is more credible than the other on a particular fact to be proved.

3.The burden of proof never shifts to the adverse party until the party on whom the onus lies discharges his burden and that the burden of proof is not diluted on account of the weakness of the opposite party's case.