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: 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 Suit
…There is also no evidence that the objector was not aware of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have…
Division and case type: GeneralUnclassified
…I am satisfied that the petitioner has proved her case on a balance of probabilities. I therefore proceed to grant an order to dissolve her marriage to the respondent.…
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: Employment and Labour RelationsCase number Cause
…The plaintiff has to prove its case on balance of probabilities. In the case of Kashibai v Sempagama [1967] EA 16 the defence contained a plea “The plaint is bad in law and does not disclose any cause of action ...”…
Division and case type: CivilCivil Suit
…Considering all the evidence before me on a balance of probabilities I came to the conclusion that the defendant has no rights over the suit land.…
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 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: 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: CivilCivil Suit
…I therefore come to the conclusion that having perused the pleadings, the affidavits and the grounds for and against the application and having heard both counsel, I am satisfied on balance of probabilities that the defendant…
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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…On a balance of probabilities, I find that the proposed Interested Party are the complainants whose complaint led to the proceedings by the First respondent National Land Commission which are the subject of this petition.…
Division and case type: CivilCivil Appeal
…(viii) That the learned magistrate erred in law and in fact in finding that the respondent had proved his case on a balance of probabilities. 7.…
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.…
Division and case type: CriminalCase number Criminal Revision
…If upon conclusion of proceedings the court is satisfied, on a balance of probabilities, that a nuisance does exist as renders the premises or dwelling unfit for human habitation, it should record such finding and proceed…