Search court decisions

…As the learned judge correctly stated, the burden of proving an averment of insanity, once raised, lies upon the accused person to show on the balance of probabilities: “ that at the time of the killing the deceased was=…

…of probabilities.…

…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.…

…I am however satisfied on the balance of probabilities that I should believe the story told by the plaintiff.…

…I must state clearly at this stage that in view of what come hereinafter, this is a finding on the balance of probabilities. It is the proper standard of proof required in civil cases.…

…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…

…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…

…The learned judge did not accept this evidence, and rightly so in our view, because the appellant did not prove on a balance of probabilities that any marriage had taken place between the respondent and Mungai.…

…The trial Judge heard the evidence and held that the defendant's claim to title by adverse possession had been made out on a balance of probabilities, and he dismissed the appellant's suit with costs, giving rise to the present…

…This being a civil matter the standard of proof required is on a balance of probabilities.…

…on a balance of probabilities.…

…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.…

…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…He appreciated that the burden of proving insanity was on the appellant on the balance of probabilities.…

…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.…

…of probabilities M'Mukanya and Nyamu were trespassers on this plot?…

…He has to prove on the balance of probabilities M'Mukanya and Nyamu entered on this plot when it was in his possession.…

…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…

…I have read in draft the judgments of My Lords Shah and Bosire with which I am in full agreement that the appeal should be dismissed on the basis that the Appellant, the Plaintiff in the suit, had on a balance of probabilities…

…of probabilities prove her 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…

…And that it was proved by the respondent on the balance of probabilities at the trial that the appellant had (i) Failed in various years to obtain a current trading licence.…

…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…