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…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.…

…In the case of Karuru Munyororo vs Joseph Ndumia Murage & Another Nyeri HCCC No. 95 of 1988, Makhandia, J held that: “The plaintiff proved on a balance of probability that she was entitled to the orders sought in the plaint…

…I find that the Plaintiffs proved their case on a balance of probability and I enter judgement on liability as against the Defendant at 100%. Quantum of Damages 22.…

…Finally, the Plaintiff submits that it is entitled to recover costs, having successfully proven its case on a balance of probabilities. DETERMINATION 21.…

…Joseph Ndumia Murage & Another Nyeri HCCC No. 95 of 1988 where Makhandia J (as he then was) held: “The plaintiff proved on a balance of probability that she was entitled to the orders sought in the plaint and in the absence…

…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. …

…were availed from the registrar of motor vehicle as to who is the registered owner of the subject motor vehicle, the said police abstract will suffice wherefore I do find that ownership of the vehicle has been proved on a balance…

…of probability and the Plaintiff had an insurable interest in the said motor vehicle.…

…A plaintiff must prove its c too upon a balance of probability whether the evidence in unchallenged or not. 9.In Kanyungu Njogu ¬vs¬ Daniel Kimani Maingi (2000) e KLR it was held that: “¬¬¬ when a court is faced with two…

…probabilities, it can only decide the case on a balance of probability if there is evidence to show that probability was more probable than the other” 10.…

…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 .…

…Joseph Ndumia Murage & Another Nyeri HCCC No. 95 of 1988, where Makhandia J. discussed the effect of failure to rebut evidence as follows: - “The plaintiff proved on a balance of probability that she was entitled to the orders…

…This court thus finds that the plaintiff has proved its claim on a balance of probabilities and so judgment is hereby entered for the plaintiff against the defendant for: a. The sum of Kenya Shillings 21,912,318.40; b.…

…Joseph Ndumia Murage & Another Nyeri HCCC No. 95 of 1988, where Makhandia J. discussed the effect of failure to rebut evidence as follows: - “The plaintiff proved on a balance of probability that she was entitled to the orders…

…This court thus finds that the plaintiff has proved its claim on a balance of probabilities and so judgment is hereby entered for the plaintiff against the defendant for: a. The sum of Kenya Shillings 21,912,318.40; b.…

…The question then is what amounts to proof on a balance of probabilities .…

…of probability…..”…

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

…In James Muniu Mucheru vs National Bank of Kenya Ltd C.A Civil Appeal No 365 Of 2017 (2019) eKLR, the Court stated as follows: “Indeed, it is settled law that in civil cases the standard of proof is on a balance of probability…

…the balance of probabilities.…

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

…The standard of proof in civil cases is on a balance of probabilities. Fraud must be specifically pleaded, particularised and proved.…

…However, the standard for proof of fraud is slightly higher than the balance of probability.…

…The defendant has proved his case in the counter claim on a balance of probability and therefore I do grant judgment in terms of rectification of the land register on Mbaruk block 3/1113 Barut to show the defendant’s name…

…Kinaro, submits that, based on the evidence adduced by the Plaintiff, both oral and documentary, it is evident that on the balance of probabilities, the 1st Plaintiff has demonstrated that he is the rightful legal owner of…

…The court is tasked with considering and evaluating the evidence submitted by the Plaintiffs and concluding that they have sufficiently proved their case on the balance of probabilities and granting the orders sought in the…

…The question as to what amounts to proof on a balance of probabilities was discussed by Kimaru, J in William Kabogo Gitau vs.…

…In percentage terms, a party who is able to establish his case to a percentage of 51% as opposed to 49% of the opposing party is said to have established his case on a balance of probabilities.…

…The question as to what amounts to proof on a balance of probabilities was discussed by Kimaru, J in William Kabogo Gitau vs.…

…In percentage terms, a party who is able to establish his case to a percentage of 51% as opposed to 49% of the opposing party is said to have established his case on a balance of probabilities.…

…It was submitted that in the absence of any defence, the Plaintiff had proved, on a balance of probability, that the Defendant breached both the limitation to use clause and the duty of utmost good faith. 21.…

…The documentary evidence and oral testimony tendered at formal proof established, on a balance of probabilities, that the vehicle was used to ferry passengers for reward—an expressly excluded use. 32.…

…Counsel for the Plaintiff filed submissions dated 11th June 2025 and identified the following issues for determination: a) Whether the Plaintiffs have proved their case on a balance of probabilities?…

…It is still incumbent upon such claimant to prove his or her case on a balance of probabilities. The Plaintiffs still bore the responsibility of proving their case on the required standard. 22.…