of his case or in his defence. On failure to discharge the onus of proof that is placed on a party in a case; See the Gambian Supreme Court decision in FATOU BADJIE & 4 ORS V JOSEPH BASSEN (2002 2008) 2 GLR 115 which held as follows: “If a plaintiff in a civil suit failed to discharge the onus on him and therefore was unable to establish a case for the reliefs he sought before the Court, he cannot take cover in the weakness of the case preferred by the defendant. however, if the plaintiff made out a case by his evidence and the defendant remained silent, then if the case as was given by the defendant when he testified amounted to creating weaknesses in the defendant’s case, which as it were tended to enure to and support the plaintiff' case, then in such a situation, the plaintiff would be entitled to strengthen his case. KODILINYE V ODU (1935) 2 WACA 336, MARTEY V MECHANICAL LLOYD ASSEMBLY PLANT Ltd (1987 - 88) 2 GLR referred to.” See also the case of OUSMAN BALDEH, RAID AZIZ V MOMODOU TIJAN JALLOW (2002 – 2008) 2 GLR 284 where this Court held as follows: “Pleadings are not tantamount to evidence and only evidence before the Court would be acted upon. [SHELL B.P. & ANOR V ABEDI (1994) 1 S.C. 23; INTERNATIONAL BANK FOR WEST AFRICA LTD V IMANO V ANOR (2001) 5 NSCQR 717 referred to. Civil cases are decided on a preponderance of probabilities and the onus of adducing evidence is on the person who would fail if such evidence were not produced. The nature of proof in a given case is dictated by the particular circumstances of the available evidence.” CA – JUDGMENT MATTY FAYE V DAWDA JAWARA Page 13