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He who alleges must prove

Ali Singer V Maragaret Nankabirwa In The Supreme Court Of Uganda At Kampala, Civil Appeal No.03 Of 2016.

The Hon. Justices of the Court of Appeal in their judgment delivered on the 7th November 2019 discuss the principle of he who alleges must prove the fact.

Coram; Justice Tumwesigye, Kisakye, Opio Aweri, Mwondha & Tibatemwa.

This is a second Appeal from the decision of the Court of Appeal of Justice Nshimye, Mwangusya and Buteera dated 15thDecember 2015 in Civil Appeal no.088 of 2010.

The Appellant filed this suit against the Respondent claiming UGX11, 000, 000/= being his unpaid wages for work he did when the Respondent was constructing her two houses in Kisenyi and Nsambya. The Appellant claimed that in consideration of his services, the Respondent agreed to pay him UGX 11,000,000 upon completion of the construction of her two houses. According to the Appellant, the construction at both sites was completed in 1999. The Respondent refuted stating that she paid the Appellant a daily wage, alongside her other workers for each day’s work. Court dismissed the appeal on the grounds that the Appellant did not prove his claim. In the Appellants evidence, there was none to show that he was supposed to be paid that amount of money.

Court further stated that the party, who asserts a claim, must prove it. It stated that when a person is bound to prove the existence of any fact, it is said the burden of proof lies on that person. The burden of proof in a suit or proceedings lies on that person who would fail if no evidence at all were given on either side and in this case, it was the appellant who failed to prove.