Explain the following: Facta probanda and Facta probantia.

The material facts on which the party pleading relies for his claim or defence are called 'facta probanda' and the facts by means of which the material facts are to be proved are called 'facta probantia'. Facta probanda: The facts which are to be proved. These are the facts on which a party relies and are ought to be stated in the pleading. Facta probantia: These are the facts which are not to be stated because by their means facta probanda are proved. Thus these facts are the evidence as to the existence of certain facts on which the party relies for his cause of action or defiance as the case may be. 'Facta probanda' are not facts in issue, but they are relevant in that at the trial their proof will establish the existence of facts in issue. No doubt in certain cases both the facts in issue and there facts in evidence are mixed up and are almost indistinguishable. They should not be stated in the pleading. For example, A was married to B in accordance with a particular custom governing marriage between A and B. In this case the custom" is both a fact in issue and a fact in evidence, because once the custom is proved, then the marriage also, stands proved. In the pleading it is sufficient to allege that the marriage was celebrated in accordance with a particular custom. At the evidence stage, it will be sufficient to refer to the manual of customary law which records customs.