De Guzman v. Fiamalua

Series: 8ASR3d | Year: | ASR
Print This

[1] In a small claims dispute, a party can bring an action before the District Court and then appeal the judgment to the High Court within five days, or else the District Court’s judgment is final. A small claims action appealed to the Trial Division of the High Court results in a trial de novo, without any weight or reference given to the District Court trial below.


[2] If a plaintiff cannot prove by a preponderance of the evidence the elements of his claim, the court will not issue a judgment in favor of the plaintiff. Preponderance means more probable than not.


[3] In a civil action, under the preponderance of the evidence standard, when the matter remains one of pure speculation or conjecture, or the probabilities are at best evenly balanced, it becomes the duty of the court to direct a verdict for the defendant.


[4] On equal showings of evidence in a “he-said, she-said” dispute over an oral agreement, the court will rule in favor of the defendant.