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…The trial Judge heard the evidence and held that the defendant's claim to title by adverse possession had been made out on a balance of probabilities, and he dismissed the appellant's suit with costs, giving rise to the present…

…of probabilities M'Mukanya and Nyamu were trespassers on this plot?…

…He has to prove on the balance of probabilities M'Mukanya and Nyamu entered on this plot when it was in his possession.…

…I have read in draft the judgments of My Lords Shah and Bosire with which I am in full agreement that the appeal should be dismissed on the basis that the Appellant, the Plaintiff in the suit, had on a balance of probabilities…

…of probabilities prove her case.…

…And that it was proved by the respondent on the balance of probabilities at the trial that the appellant had (i) Failed in various years to obtain a current trading licence.…

…had examined the initials on the delivery note annexed to the respondent’s supporting affidavit above mentioned but was unable to decipher to whom amongst its members of staff the letter was delivered, we think that on balance…

…of probabilities the said letter was delivered to and received by the appellant on 11th October, 1990 with the result that the appellant had the requisite notice in terms of section 10 (2) (a) of the Act.…

…“presumption of marriage on a balance of probabilities, even if a presumption of marriage arose from cohabitation between Peter and Mary, and that, in any event there was no real co-habitation between them.”…

…of probabilities; iii) Evidence as to the formalities required for a customary law marriage must be proved to that standard; (of Mwagiru v Mumbi (1967) EA 639, 642 (K); iv) Long cohabitation as man and wife gives rise to…

…From the evidence I have considered in this case a whole I find that the plaintiff has proved his claim against the defendant, on a balance of probabilities and I find judgment for the plaintiff in the sum claimed inthe plaint…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…Could the respondent prove on the balance of probabilities its claim? 3. Was the respondent the holder of the note? 4. Did the respondent duly present the note? 5.…

…The respondent testified and the magistrate delivered what he called a ruling declaring that he believed the respondent and found that he had proved his claim against the appellant on the balance of probabilities so he gave…