A PARTY IS FREE TO PROVE HIS CASE BY ANY MEANS HE DEEMS APPROPRIATE

BURDEN TO PROVIDE DOCUMENT IS IN THE PARTY WHO IS IN POSSESSION OF THE DOCUMENT

Para. 68: “It is trite law that when a document is in the custody of the adverse party, the burden of proof of same shifts from the claimant to the custodian of the document. It is common knowledge that information about pension benefits especially the matrix of calculation is domiciled with the employer. The employee, more often than not upon retirement is presented with the total entitlement due same having been calculated by the employer. Thus when the records and the metric of calculation are in the custody of the employer, as in this instant case, the Respondent, the onus lies on them to provide.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

FACTS ADMITTED NEEDS NO FURTHER PROOF

U.D.F.U. v. Kraus (2001) 24 WRN 78 @ p. 91, where it was held firmly inter alia thus: “The law is unequivocal that a fact admitted by the Defendant in his pleading must be taken by a Court of law as established and should therefore be treated as one of the agreed facts between the parties to the suit. Indeed, these facts are directly admitted as in the instant case or deemed admitted as provided for in the Rules of Court dealing with pleadings, such averments do not need to be processed in Court … The judgement of the Court delivered on 17|2|97 based on the admission cannot be faulted.”