Search court decisions

…There is also no evidence that the objector was not aware of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have…

…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…He appreciated that the burden of proving insanity was on the appellant on the balance of probabilities.…

…Considering all the evidence before me on a balance of probabilities I came to the conclusion that the defendant has no rights over the suit land.…

…I therefore come to the conclusion that having perused the pleadings, the affidavits and the grounds for and against the application and having heard both counsel, I am satisfied on balance of probabilities that the defendant…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…So for the purposes of this application for a temporary injunction the Company has failed to persuade us that on the balance of probabilities we should exercise our discretion in its favour and extend the ex parte one we…

…In my judgment the evidence established this allegation on the balance of probabilities and, accordingly the appellant is entitled to succeed. I return to the aspect of the quantum of damages.…

…E J E LAW ………………………… JUDGE OF APPEAL JUDGMENT OF KNELLER, AG J A I agree with Hancox, Ag JA that the appellant and his witnesses proved on the balance of probabilities the willful assault and battery upon him by the respondent…

…evidence of the written defence of the defendant in the suit in the magistrate’s court at Kaloleni to the same sort of claim and the evidence and plan of the recorder Mwenyesi I declare that the plaintiff proved that on the balance…

…of probabilities it was not sold to the defendant by any Mtsonga.…