Search court decisions

…At the close of prosecution’s case, the learned magistrate acquitted him under section 210 of the Criminal Procedure Code having found that the prosecution did not establish a prima facie case against him.…

…Vs Abdi Ibrahim Owi [2013] eKLR, defined a prima facie case as follows; “‘Prima facie’ is a latin word defined by Black’s Law Dictionary 8th Edition as, “sufficient to establish a fact or raise presumption unless disapproved…

…At the close of the Prosecution’s case, the trial court rendered a Ruling in which it found that the Prosecution had not established a prima facie case against the Respondents.…

…That the Learned Trial Magistrate erred in law and fact in failing to comprehend the law relating to a case to answer and the standard of proof in establishing a prima facie case.…

…The prosecution has so far tendered evidence by calling thirteen (13) witnesses and the question now at this stage, for this court, is to determine whether the prosecution has established a prima facie case against the accused…

…A prima facie case is established where the evidence tendered by the Prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent.…

…At the close of prosecution’s case, the learned Magistrate in her ruling acquitted the respondent after finding that the prosecution did not establish a prima facie case.…

…The appellant submitted on what constitutes a prima facie case as provided for in section 210 of the Criminal Procedure Code and relied on a number of cases on the definition of a prima facie case being that of Ramanlal Bhatt…

…The appellant submits that: a) There is a prima facie case of fraud against the respondents, and if the trial in Case No.…

…In Kenya, the standard of proof for granting a stay in criminal proceedings is high: the applicant must show a strong prima facie case, real risk of prejudice, and public interest considerations.…

…The Appellant contends that the prosecution\'s evidence established a prima facie case against the Respondent, warranting the need for him to be put to his defence. 19.…

…Had the court applied itself to all the three ingredients discussed in the earlier paragraphs of this judgment, a prima facie case would have been established.…

…The petitioner asserted he had a prima facie case and if the reliefs are denied, the substratum of the petition will be rendered nugatory and expose persons to health risks, and the law should be held sacrosanct.…

…First American Bank of Kenya Ltd (2003) eKLR as: - “A prima facie case in a civil application includes but is not confined to a “genuine and arguable case.”…

…facie case.…

…At the close of the prosecution’s case, the trial court found that the prosecution had not established a prima facie case, thus acquitted the respondent at that stage.…

…On the question whether a prima facie case was established, the Appellant submitted that the prosecution discharged the requisite standard of proof.…

…WHETHER THERE WAS SUFFICIENT EVIDENCE TO ESTABLISH A PRIMA FACIE CASE 37.…

…Ochieng (PM) did not find the Prosecution to have established a prima facie case warranting the Respondent being placed on his defence.…

…facie case against the Respondent that warranted him being put on his defence.…

…The appellant challenged his conviction on the ground that the trial court ignored the principles in establishing a prima facie case.…

…A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent. 40.…

…-The evidence did not establish a prima facie case.…

…A prima facie case is defined as a case which raises a rebuttable presumption and requires the opponent to give a rejoinder.…

…-The evidence did not establish a prima facie case.…

…A prima facie case is defined as a case which raises a rebuttable presumption and requires the opponent to give a rejoinder.…

…As the second count relates to the first count it follows that the evidence by the prosecution has not met the threshold of establishing a prima facie case in respect of the same.…

…For the foregoing reasons I find that the prosecution has not made out a prima facie case to warrant placing the accused on their defence.…

…facie case. - Whether the appeal will be rendered Nugatory if the orders sought are not granted - Whether the Applicant will suffer irreparable loss and prejudice if orders are not granted. - Balance of public interest and…

…On whether the appeal raise a prima facie case the applicant must show that the appeal raises non-frivolous issues, not necessarily that it will succeed.…

…Consequently, the Plainti ought to, rst, establish a prima facie case.…

…facie case.…

…Consequently, the Plainti ought to, rst, establish a prima facie case.…

…facie case.…

…Consequently, the Plainti ought to, rst, establish a prima facie case.…

…facie case.…

…Consequently, the Plainti ought to, rst, establish a prima facie case.…

…facie case.…