Section 133 Evidence Act 2011
Section 133 Evidence Act 2011 is titled ‘Burden of proof in civil cases‘. It is under Part IX (PRODUCTION AND EFFECT OF EVIDENCE) of the Act. It states as follows:
(1) In civil cases the burden of first proving existence or non – existence of a fact lies on the party against whom the judgment of the court would be given if no evidence were produced on either side, regard being had to any presumption that may arise on the pleadings.
(2) If the party referred to in subsection (1) of this section adduces evidence which ought reasonably to satisfy the court that the fact sought to be proved is established, the burden lies on the party against whom judgment would be given if no more evidence were adduced, and so on successively, until all the issues in the pleadings have been dealt with.
(3) Where there are conflicting presumptions, the case is the same as if there were conflicting evidence.