OPTIONS OPEN TO A DEFENDANT IN A CIVIL TRIAL AFTER PLAINTIFF HAS CLOSED HIS CASE

1.he may decide to rest his case on the plaintiffs evidence

2. he ,may make a no-case  submission

NO CASE SUBMISSION IN CIVIL 

​When the party beginning has concluded his case, the other shall be at liberty to state his case and to call evidence, forum up and comment thereon. 

​But instead of calling evidence at this stage, the other party  may indicate to the court that he does not intend to called evidence. 

​He may make a submission that the plaintiff or the party beginning has failed to make a case for him to answer. 

That other party will be entitled to address the court in reply. 

 

CONDITION FOR A NO CASE SUBMISSION IN CIVIL PROCEEDINGS

​A NO CASE SUBMISSION IN CIVIL PROCEEDINGS MAY BE MADE ;

a. ​If no case has been established in law. 

b.​If the evidence led by the plaintiff if so unsatisfactory or unreliable that the court ​should hold that the burden on the plaintiff has not been discharged. 

c.​The party intending to make the no case submission MUST ELECT whether he will call ​evidence or not should the ruling on the no case submission be against him. 

​If he elects NOT TO CALL EVIDENCE he will be bound by the outcome of the ruling.