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…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…

…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.…

…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.…

…I am satisfied that the application was not proved on a balance of probabilities that he is entitled to the land otherwise known as No. 8/Kaganda/269 by virtue of adverse possession.…

…I therefore come to the conclusion that having perused the pleadings, the affidavits and the grounds for and against the application and having heard both counsel, I am satisfied on balance of probabilities that the defendant…

…(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.…

…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.…

…“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…

…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.…