Search court decisions

…The Appellant's counsel argued that, despite the Appellant's failure as mentioned earlier, the Respondent still bore the burden of proof for his claims.…

…The failure does not lessen or obviate the requirement on the Claimant to discharge any burden of proof, as explicitly provided for by statute. It doesn’t guarantee them automatic success in their case. 27.…

…The learned Magistrate erred in law and fact and apprehended the law in shifting the burden of proof of reason for termination of employment from the Respondent to the Appellant thus arrived at a wrong conclusion. 7.…

…of proof lies on that person. 108.…

…That the trial Magistrate erred in law and in fact in shifting the burden of proof to the Defendant/Appellant contrary to the well established legal position that the burden of proof fully and wholly lies upon the Plaintiff…

…By shifting the burden of proof onto the appellant, the court erred in law and fact, as this duty lies with the party who alleges. The court provided no reasons for the awards and failed to deduct the statutory dues.…

…The respondent, as the claimant, failed to discharge his burden of proof that the employment was unfairly terminated, which would have allowed the appellant to justify the grounds and reasons for such a decision.…

…That the burden of proof of the underpayment shifted to the Respondent and the trial court did not consider this fact and decided in favour of the Respondent.…

…That the employee needs to discharge this burden of proof by placing before the court a prima facie evidence suggesting that an unjustified termination has occurred.…

…THAT the learned Honourable magistrate erred in law and in fact by shifting the burden of proof to the Appellant with respect to communication yet the burden of proof rested upon the Respondent to prove that they reached…

…the existence of any fact it is said that the burden of proof lies on that person. 108.…

…of proof lies on that person.…

…Relatedly, Section 108 provides: The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.…

…When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that person Section 109: The burden of proof as to any particular fact lies on the person who wishes the court to believe…

…It requires no belabouring that the applicant bore the burden of proof and was duty bound to prove its case on a preponderance of probabilities.…

…Section 107 and 108 of the Evidence Act were cited to urge that the burden of proof is on the party seeking judgment from the court.…

…For emphasis, reliance was placed on Dungani v West Kenya Sugar Company Limited (2024) KEELRC 172 (KLR) where the court held that for a complaint of unfair termination, the burden of proof is upon the employee to prove that…

…the period she alleged to have been in the employment of the appellants and no instructions to perform any work of any kind were ever given to her. c) THAT the learned magistrate erred in law and in fact in shifting the burden…

…of proof to the appellants when the issue of employment had not been proved. 2.…

…In that regard, the burden of proof was, prematurely, shifted to the Appellant. 29.…

…In support of the foregoing the Appellant urged the court to be guided by Section 109 and 112 of the Evidence Act; section 109; "The burden of proof as to any particular fact lies on the person who wishes the court to believe…

…The basic principle on the legal burden of proof is that it is on the person who alleges something.…

…That is to say evidentiary burden of proof rests upon the defendant on a matter already proved by the plaintiff to show otherwise.…

…Put it alternative terms, the matter turns on the burden of proof of the applicant’s case.…

…of proof lies on that person.…

…of proof respectively.…

…It is trite law that he who alleges bears the burden of proof.…

…Counsel relied on section 47(5) of the Employment Act on burden of proof and the case of Pius Machafu Isindu v. Lavington Security Guards Ltd [2017] eKLR.…

…From the foregoing the trial court became persuaded that the respondent had discharged the burden of proof cast upon it by law while the appellant had not.…

…Grounds of the appeal 1) THAT the Learned Trial Magistrate erred in law and misdirected herself on the law and principles on the law relating to the burden of proof. 2) THAT the Learned Trial Magistrate erred in law and fact…

…Further in the case of the burden of proof in civil cases on the balance of probability was elucidated in the case of Kanyungu Njogu vs Daniel Kimani Maingi [2000] eKLR that when the court is faced with two probabilities,…

…the existence of any fact it is said that the burden of proof lies on that person. 108.…

…Section 47[5] of the Employment Act, 2007, provides for a reverse burden of proof.…

…It is then that the burden of proof shifts to the employer to demonstrate the reason[s] for the termination or dismissal, and that the termination or dismissal was justified.…

…The Learned Trial Magistrate erred in law and in fact in shifting the burden of proof of the items claimed from the Respondent to the Appellant. vi.…

…On the issue of burden of proof, counsel submitted that the trial court awarded the Respondent Kshs. 105,750/= as unpaid house allowance for 47 months from August 2014 to July 2018 as the period the Respondent claimed to…