Waziri Mayai Wa Maradhi
JF-Expert Member
- Jan 28, 2026
- 409
- 98
In law, he who asserts must generally prove.
If you allege that someone owes you money, committed fraud, breached a contract, owns your property, or caused you damage, you cannot expect the court to rely on the allegation alone.
An allegation is not evidence.
The person asserting a material fact generally bears the burden of establishing it with credible and admissible evidence. Depending on the circumstances, an evidential burden may subsequently shift to the opposing party.
In criminal cases, the prosecution generally bears the burden of proving guilt beyond reasonable doubt, subject to exceptions recognised by law.
BOTTOM LINE: An allegation may start a case, but only credible evidence can prove it.
If you allege that someone owes you money, committed fraud, breached a contract, owns your property, or caused you damage, you cannot expect the court to rely on the allegation alone.
An allegation is not evidence.
The person asserting a material fact generally bears the burden of establishing it with credible and admissible evidence. Depending on the circumstances, an evidential burden may subsequently shift to the opposing party.
In criminal cases, the prosecution generally bears the burden of proving guilt beyond reasonable doubt, subject to exceptions recognised by law.
BOTTOM LINE: An allegation may start a case, but only credible evidence can prove it.