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…Act.…

…Act.…

…Section 78A of the Evidence Act provides that: - “78A.…

…However, there is no evidence that a certificate was produced as required under Section 106B of the Evidence Act.…

…Act, Cap 80 Laws of Kenya.…

…Section 106B (4) of the Evidence Act is couched in mandatory terms that a certificate is I ssued in order to have electronic records admitted in evidence.…

…Act (Chapter 80 of the Laws of Kenya). 3.…

…The Appellants argue that the trial court ought to have had recourse to section 112 of the Evidence Act which provides that: 112.…

…Act. 13.…

…That is captured in sections 109 and 112 of the Evidence Act as follows: 109.…

…Act, Cap 80, Laws of Kenya; denying the appellant a right to be heard; the typed proceedings being at variance with the actual court proceedings; the ruling offending sections 67, 68 and 107 of the Evidence Act; and shifting…

…Order 45 rule 1 of the Civil Procedure Rules, sections 67, 68 and 107 of the Evidence Act and Articles 15(2)(d) and 50(1)(2) of the Constitution of Kenya are cited.…

…Section 108 of the Evidence Act further provides that ; “The burden of proof in a suit or proceedings lies on that person who would fail if no evidence at all were given by the other side.” 8.…

…Since the terms proved, disapproved and not proved are statutory definitions contained in the Evidence Act.…

…Act. b.…

…Act. 13.The admissibility of electronic records is provided for under Section 106 B of the Evidence Act(Cap 80) Laws of Kenya in the following terms:- “106B(1)Notwithstanding, anything contained in this Act, any information…

…However, the appellant did not attach a Certificate of Electronic Evidence in compliance with section 106B of the Evidence Act. 31.…

…It is evidently clear that electronic documents must be accompanied by a certificate in terms of section 106 B (4) of the Evidence act for them to be deemed admissible. There is no other way out.…

…The trial court held that the burden of proving payment lay upon the Defendant under Sections 107, 109 and 112 of the Evidence Act . 17.…

…The Appellant relied on Section 107 of the Evidence Act , which provides: “Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that…

…The Appellant relied on Sections 107–109 of the Evidence Act , asserting that the legal and evidential burdens rested upon the Respondents who alleged the deceased funded the purchase.…

…She further cited Section 143 of the Evidence Act , emphasizing that no particular number of witnesses is required to prove a fact.…

…Act, Cap 80 Laws of Kenya.…

…Section 106B (4) of the Evidence Act is couched in mandatory terms that a certificate is I ssued in order to have electronic records admitted in evidence.…

…Section 107 (1) of the Evidence Act provides that: Whoever desires any court to give judgment as to any legal right or liability dependant on the existence of facts which he asserts must prove that those facts exist.…

…There is, however, an evidential burden of proof which is captured in Sections 109 and 112 of the Evidence Act as follows: 109.…

…Sections 106A and 106B of the Evidence Act govern the production of electronic records as evidence. Section 106A provides that electronic records may be proved in accordance with Section 106B.…

…What is the import of the foregoing provisions of the Evidence Act as regards the screenshots that were produced by the Appellant before the trial court? 23.…

…Act.…

…On the burden and standard of proof it was submitted that the Respondent bore the burden of proving her claim under section 107 of the Evidence Act.…

…Act. 9.…

…The Respondent had discharged the legal burden placed upon him under Section 107 of the Evidence Act. 19.…

…Section 107 (1) of the Evidence Act provides that: Whoever desires any court to give judgment as to any legal right or liability dependant on the existence of facts which he asserts must prove that those facts exist.…

…There is, however, an evidential burden of proof which is captured in Sections 109 and 112 of the Evidence Act as follows: 109.…

…Act, Cap 80, Laws of Kenya; 3.…

…That the Honourable Trial Magistrate erred in law by improperly shifting the burden of proof onto the Appellant, contrary to the settled principles under Section 107 of the Evidence Act, thereby wrongfully requiring the Appellant…

…On evidentiary burden of proof, the Appellant submitted that the Tribunal misapplied Section 109 of the Evidence Act regarding the burden of proof and argued that once it established a prima facie case demonstrating that…

…The issues that arise for determination are: a) Whether the Respondent is a “manufacturer” within the meaning of Section 2 of the Standards Act; b) Whether the Tribunal correctly applied Section 109 of the Evidence Act on…