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…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 ...”…

…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…