Judgment
Case law
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Division and case type: Environment and LandLand Case
…Upon proof of these requirements the presence of willfulness and bad faith on the part of the Respondent would normally be inferred, but the Respondent could rebut this inference by contrary proof on a balance of probabilities…
…The applicant must prove all the above requirements to the requisite standard, that is a standard higher than the balance of probabilities threshold applied in civil proceedings but below the proof beyond a reasonable doubt…
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.…