Judgment[1984] KEHC 22
Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…And on whom did the burden of proof lie for these issues?…
…Certainly if no evidence at all were given on either side Munini and Musangi would fail in this suit so, according to section 108 of this Act, the burden of proof was on them.…
Division and case type: Anti-CorruptionCivil Appeal
…Mr Shah argued that there was no express prohibition as regards the use of the respondent’s vehicle and that the respondent, as employer, could not discharge its burden of proof merely by saying that the second defendant…
…Mr Couldrey relied to a large extent on the decision in Sanderson v Collins [1904] 1 KBD 628, and submitted that the respondent had dislodged the burden of proof placed on him.…
Division and case type: CriminalCriminal Appeal
…We think, however, that he lost sight of the fact that the burden of proof that the statements were voluntary was on the prosecution and that evidence that the appellants had been subjected to some violence while in custody…