Case law
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Division and case type: CivilCivil Appeal
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
Division and case type: CivilCivil Appeal
…The trial judge then concluded: “In my judgment therefore, I find the plaintiff has failed to prove his case on a balance of probabilities against the defendant.”…
…Without a finding of facts in connection with the appellant’s claim, the conclusion by the trial judge that the appellant had failed to prove his case on a balance of probabilities is wrapped up with incertitude whether justice…
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 Suit
…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 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
…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…