ABSOLUTION FROM THE INSTANCE

ABSOLUTION AT THE END OF PLAINTIFF'S CASE

The test is whether there is evidence upon which a reasonable person might find for

the plaintiff. There must be a prima facie case.

If plaintiff starts, but the onus is partly on him and partly on defendant, absolution

cannot be granted at this stage.

Absolution can never be granted if the onus is on defendant.

The credibility of witnesses are normally irrelevant unless plaintiff's witnesses are so

obviously lying or have so palpably broken down that no man can place any reliance

on them. The court may see whether plaintiff's case may be strengthened by

evidence which would emerge during defendant's case. Where 2 defendant's are

sued in the alternative, absolution will be refused if it appears that either one might

be liable. If facts are particularly within the knowledge of defendant, court will require

less evidence from plaintiff to create a prima facie case.

ABSOLUTION AT THE END OF THE CASE

Here the test is. Is there evidence upon which the court ought to give judgement in

favour of the plaintiff.

This will be given if it appears to the court that on the evidence he cannot find for

either the plaintiff or the defendant.

Where the onus is on the plaintiff, and the court does not know whose version is the

truth, he must give absolution.

Where however, the onus is on the defendant, and the court does not know who to

belive, he will give judgement in favour of the defendant.

Absolution does not have the effect of res iudicata.

Normally the defendant will be regarded as the successful party and he should get

costs unless there are good reasons to direct otherwise.