BURDEN OF PROOF
The term burden of proof is a trite tool used in legal proceedings to determines the viability of a claim.
In ordinary parlance, burden means task or duty while proof on the other hand means establishment of fact by evidence. In relation to law, it is a legal requirement to offer evidence in prove of a party assertion or counter assertion.
According to the Black law dictionary, burden of proof means necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause.
This concept burden of proof has further been defined in a judicial term which was codified into two forms in the case of Muriana Elemo v. Fasanic.
First, it is defined as General burden which is the burden or obligation to establish a case. It lies on the party to convince the court either by preponderance of evidence or proof beyond reasonable doubt. This burden is fixed on the same party throughout the entire trial.
Second meaning is called Evidential burden. It is the burden to adduce evidence which rest on a party or issue relevant to his case. It is not stable or fixed. It shifts from one party to another throughout the proceedings.
It is often associated with the Latin Maxim "semper necessitas probandi incumbit ei qui agit," meaning, the necessity of proof always lies with the person who lays charges.
Burden of proof can be seen in both civil and criminal cases. In civil cases the parties involved must establish their case by preponderance of evidence while in criminal cases the burden lies on the prosecution and never shifts.
There are exceptions to the rule of burden in criminal cases which are; burden of proof of intoxication or insanity which lies on the accused. Where the burden of proof of fact is specifically both within the knowledge of the accused and the prosecution it Should be the prosecution to discharge or disapprove it. the burden of proof of fact especially within the exclusive knowledge of the accused is on him or him to discharge.
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