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…of probabilities but lower than beyond reasonable doubt.…

…of probabilities; and lower than that required in criminal case that is beyond reasonable doubt.…

…The Plaintiff has proved her case on a balance of probabilities, and further, her case remains uncontroverted. The plaintiff relies on the decision this Court in Njoroge vs.…

…I do find that the plaintiff has proved her claim on a balance of probabilities and I do grant judgment in terms court as to be fit the plaintiff.…

…of probabilities; no sufficient evidence to hold the respondent in contempt; application dismissed) . 1.…

…of probabilities, almost but not exactly, beyond reasonable doubt.” 8.…

…Whether the plaintiffs have proved their case on a balance of probabilities. b. Who pays the costs in the suit? 6.…

…This suit is undefended but nevertheless, the plaintiffs have to prove their case on a balance of probabilities. The subject matter in question is a house without land, which is still part of the land.…

…the balance of probabilities.…

…The burden of proof rested with the plaintiff to prove fraud on a balance of probabilities.…

…Counsel submitted that the plaintiff has demonstrated that he has proved his claim against the defendant on a balance of probabilities and that the orders sought in the amended originating summons be granted accordingly.…

…It is well settled that the burden of proof in civil cases is on a balance of probabilities even if the case was heard by way of formal proof; see Kirugi & another-vs-Kabiya & 3 others (1987) KLR 347. 19. …

…Kamau [2016] KECA 153 (KLR) the court found as follows: “We would therefore venture to suggest that before the trial court can conclude that the plaintiff’s case is not controverted or is proved on a balance of probabilities…

…The plaintiff must adduce evidence, which in the absence of rebuttal evidence by the defendant convinces the court that on a balance of probabilities, it proves the claim.…

…Schulter Civil Appeal 23 of 1997 and submitted that the Plaintiff has proved his case on a balance of probabilities and urged the court to enter judgment as prayed in the plaint. ANALYSIS AND DETERMINATION 10.…

…The Plaintiff still has that burden on a balance of probabilities. This is as per Section 107 and 108 of the Evidence Act which provides: - 107.…

…of probabilities cannot possibly be correct.…

…where the onus is on the plaintiff to prove his claim on a balance of probabilities ...”. 29.…

…Issues for Determination The Plaintiff framed the issues for determination herein to be; whether the Plaintiff has proved his case on a balance of probabilities. whether the Plaintiff is entitled to the relief sought in the…

…Analysis & Determination The first issue for determination is whether or not the Plaintiff has proved his case on a balance of probabilities. The Plaintiff’s suit is based on the tort of trespass.…

…From the materials and submissions placed before me, the issues that I frame for the determination of this suit are whether the plaintiff has proved his case on a balance of probabilities to warrant the orders sought. 6.…

…On a balance of probabilities, the plaintiff has proved his case, and I will issue the following final orders: a) A declaration is hereby issued confirming that the plaintiff is the registered owner of title No.…

…the balance of probabilities.…

…Thus, proof on a balance or preponderance of probabilities means a win, however narrow. A draw is not enough.…

…Although this matter proceeded ex parte, the Plaintiff was still required to prove its case on a balance of probabilities.…

…On the evidence before this Court, I am satisfied that the Plaintiff has proved, on a balance of probabilities, that it is entitled to repudiate or avoid liability under policy number 09516227 in respect of claims arising…

…Similarly, in Kirugi and Another vs Kabiya & 3 others (1987) KLR 347 the Court of Appeal held that; “The burden was always on the Plaintiff to prove his case on a balance of probabilities even if the case was heard as formal…

…I find that the plaintiff has proved his case on a balance of probabilities and I grant the following orders; 1. Special damages of Kshs. 2,368,548/= plus interest thereon at court rates. 2.…

…This court finds the single issue for determination is whether the Plaintiff has proved his case on the required standard of balance of probabilities.…

…Even with uncontroverted evidence, the Plaintiff still has the onerous task of calling sufficient evidence to prove his case on the usual standard of balance of probabilities.…

…The court thus considers the plaintiff’s proprietorship adequately proved on a balance of probabilities.…

…The court is thus satisfied that the plaintiff has proved his claim against the defendants on a balance of probabilities. d) Whether the plaintiff is entitled to the reliefs sought in the suit 16.…

…The Defendant asserted that no fare-paying passenger claim arose from the accident and that the Plaintiff failed to prove breach of the policy on a balance of probabilities. Evidence Plaintiff’s Evidence 8.…

…This is a civil matter and the standard of proof is on a balance of probability. It is trite law that he who alleges must prove .…

…The standard of proof for fraud is higher than proof on a balance of probabilities.…

…a balance of probability.…

…The Plaintiff submitted that he had proved on a balance of probabilities that the Defendant had trespassed on the suit property. The Plaintiff urged the court to grant the orders sought in the plaint as prayed.…

…Although the suit was undefended, the Plaintiff still had a duty to prove his case on a balance of probabilities as required by the law. In Kirugi and Another v.…