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…And all by the standard usual in civil actions, which is on the balance of probabilities. Fraud was not pleaded and the evidence does not support it.…

…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…

…The presumption to be discharged by the employer on the balance of probabilities was that the second defendant was not acting in the course of his employment at the time he was involved in the motor accident.…

…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…

…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.…

…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.…