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Division and case type: CivilCivil Appeal
…In my view the balance of probabilities are tht the latter was the correct time. That point was not, however noticed by either counsel. As regards the other variation what does this amount to?…
Division and case type: CivilCivil Appeal
…accident happened was at variance with paragraph 5, when there are indeed other allegations in paragraphs 4 and 8 which make it perfectly clear that the accident happened at work in circumstances which established on the balance…
…of probabilities that the defendants failed in the duty of care which they owed to the plaintiff.…
Division and case type: CivilCivil Appeal
…That is the issue throughout the trial, and in giving judgment at the end of the trial the judge had to decide whether he is satisfied on a balance of probabilities that the accident was caused by negligence on the part of…
Division and case type: CivilCivil Appeal
…However, the judge proceeded to find that the charge of theft in respect of Kshs 21 was proved, on the grounds as we understand the judge’s reasoning that the standard of proof of a criminal charge is on the balance of probabilities…