De Heus (Pty) Ltd v RG Keeny t/a Raynel Ranches (324/2014)
De Heus (Pty) Ltd v RG Keeny t/a Raynel Ranches (324/2014) [2024] ZANWHC 305 (18 December 2024)
The court held that, in light of the pleadings and the nature of the dispute, the defendant bears the onus of proof and the duty to begin on the issue of the alleged defectiveness of the chicken feed supplied by the plaintiff. This is because the assertion of defectiveness is a negative allegation peculiar to the defendant, who is best placed to adduce evidence on the matter. Only after the defendant has presented evidence on defectiveness does the onus shift to the plaintiff to prove breach of contract and indebtedness. The allocation of the evidential burden is guided by considerations of f…
Source excerpt
- Onus Of Proof
- Burden Of Evidence
- Breach Of Contract
- Consumer Protection Act
- Defective Goods