MARY AGNES MPELUMBE in her capacity as Administratrix of the Estate of ISAYA SIMON MPELUMBE v. SHEKHA NESSER HAMUD, CIVIL APPEAL NO. 136 OF 2021

Abstract

Held: (i) The burden of proof lies in the party who alleges, as provided under section 110 of the Evidence Act, Cap. 6 R.E. 2022, and in civil cases, the standard of proof is based on the preponderance of probabilities. (ii) 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. (iii) It is the duty of the court to examine the authenticity of documents presented, rather than focusing solely on their dates of issue, to ensure they were legally issued.