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…(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.…

…As the matter stands even if the plaintiff’s case is taken alone it does not establish the torts upon which this action is based to the standard required in civil cases, namely on a balance of probabilities.…

…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…

…evidence of the written defence of the defendant in the suit in the magistrate’s court at Kaloleni to the same sort of claim and the evidence and plan of the recorder Mwenyesi I declare that the plaintiff proved that on the balance…

…of probabilities it was not sold to the defendant by any Mtsonga.…

…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.…

…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?…

…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…

…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.…

…Tribunal has no jurisdiction over the matter as it is pleaded in the defence, then the only other Court open to the plaintiff is this Court and the claim having been made in this Court, the defendant must satisfy me on a balance…

…of probabilities that it should have leave to defend.…

…“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…

…Of course, the burden is on the Plaintiff, to be discharged upon a balance of probabilities to prove that there was in fact an accident and that a servant or agent of the Defendant caused that accident by negligence.PW.2…

…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…

…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…

…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…

…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.…

…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…