Case law
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Division and case type: CivilCivil Suit
…I hereby find that the plaintiff in this case has not proved his case on a balance of probability. I dismiss this suit with costs to the defendant.…
Division and case type: CivilCivil Case
…evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved on a balance…
…of probability.…
Division and case type: CivilCivil Case
…proof as stipulated in section 107,108 of the Evidence Act cap 80 Laws of Kenya and as set out in the case of Ernest Kinyanjui Kimani v Muiru Gikanga and another [1965] EA 735 is on the plaintiffs to prove their case on a balance…
…of probability.…
Division and case type: CivilCivil Appeal
…There is a considerable body of evidence which, in my judgment, establishes on a balance of probability that there was a divorce.…
Division and case type: CivilCivil Appeal
…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…