Case law
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Division and case type: CivilCivil Case
…I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase…
…All in all, I am satisfied that the Plaintiff's suit against the Defendants has been proved on a balance of probability ties.…
Division and case type: CivilCivil Case
…I am however satisfied on the balance of probabilities that I should believe the story told by the plaintiff.…
…I must state clearly at this stage that in view of what come hereinafter, this is a finding on the balance of probabilities. It is the proper standard of proof required in civil cases.…
Division and case type: Milimani Commercial CourtsCivil Case
…And all by the standard usual in civil actions, which is on the balance of probabilities. Fraud was not pleaded and the evidence does not support it.…
…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…
Division and case type: CivilCivil Case
…Of course the Plaintiff disputes that but on the balance of probabilities I should come to the conclusion that the Plaintiff was sometimes deserting her husband.…
…On the balance of probabilities, the evidence in support of the Defendant’s case on this issue is more persuasive than the evidence in support of the Plaintiff’s case: Further it be noted that after the Plaintiff had said…
Division and case type: CivilCivil Case
…This being a civil matter the standard of proof required is on a balance of probabilities.…
…on a balance of probabilities.…
Division and case type: CivilCivil Case
…I am satisfied that she proved her counterclaim on a balance of probabilities and I find judgement for her against the plaintiffs jointly and severally in the sum of Kshs.864,220/= plus costs and interest at court rates.…
Division and case type: CivilCivil Case
…From all the evidence I have analysed and considered, I find that the plaintiff has proved his case against the defendant on a balance of probabilities, and I find judgment for the plaintiff under prayers 1,2 and 3 as prayed…
Division and case type: CivilCivil Case
…The first is that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the…
Division and case type: CivilCivil Case
…I am satisfied that the application was not proved on a balance of probabilities that he is entitled to the land otherwise known as No. 8/Kaganda/269 by virtue of adverse possession.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Case
…As the matter stands even if the plaintiff’s case is taken alone it does not establish the torts upon which this action is based to the standard required in civil cases, namely on a balance of probabilities.…
Division and case type: CivilCivil Case
…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…
Division and case type: CivilCivil Case
…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…
Division and case type: CivilCivil Case
…Tribunal has no jurisdiction over the matter as it is pleaded in the defence, then the only other Court open to the plaintiff is this Court and the claim having been made in this Court, the defendant must satisfy me on a balance…
…of probabilities that it should have leave to defend.…
Division and case type: CivilCivil Case
…Of course, the burden is on the Plaintiff, to be discharged upon a balance of probabilities to prove that there was in fact an accident and that a servant or agent of the Defendant caused that accident by negligence.PW.2…
Division and case type: CivilCivil Case
…I have considered those ground and come to the conclusions that, viewed on a balance of probabilities, they amounted to misconduct. It was such misconduct as entitled the defendant to dismiss the plaintiff.…