Case law
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Division and case type: High Court CivilCivil Appeal
…On the first ground, as to whether the Appellant proved her case on a balance of probabilities, she stated that, being a civil case, the burden of proof was on a balance of probabilities and cited Palace Investment Ltd v…
…The burden of proof was on the plaintiff, and she had to prove her case on a balance of probabilities.…
Division and case type: High Court DivCivil Appeal
…of probabilities.…
…it as higher than a balance of probabilities.…
Division and case type: High Court DivCivil Appeal
…The burden of proof lay on the Appellant/Plaintiff, to prove his case on a balance of probabilities.…
…That is what is called the balance of probabilities.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…of probabilities. 2.…
…THAT the learned magistrate erred in law and in fact by making a finding that the Appellant had not proved its case on a balance of probabilities. 5.…
Division and case type: High Court DivCivil Appeal
…of probabilities. 5.…
…The Respondent contends that the Appellant failed to prove her case on a balance of probabilities.…
Division and case type: High Court CivilCivil Appeal
…The 2 nd Respondent submitted that the trial court correctly found that the Appellant failed to discharge the burden of proof on a balance of probabilities. 39.…
…She argued that the court did not impose any higher threshold than the required standard of proof on a balance of probabilities. 42.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…
…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…
Division and case type: Environment and Land CourtELC Land Appeal
…The 1 st issue for determination is whether or not the plaintiff proved his case on a balance of probabilities.…
…I note that after considering the totality of the evidence, the trial court found that the Respondent had proved his case on a balance of probabilities.…
Division and case type: High Court CivilCivil Appeal
…In her judgment, the trial adjudicator found in favour of the respondents and stated that they had proved their case on a balance of probabilities whereas the appellant failed to prove his counterclaim.…
…quality machine cut blocks out of 5 and did not the respondents. c) The learned trial magistrate erred in law and in fact in failing to find that the appellant had proved his counter claim on a balance of probabilities against…
Division and case type: High Court DivCivil Appeal
…A plaintiff must prove its c[sic] too upon a balance of probability whether the evidence in unchallenged or not. 20.…
…of probabilities is not correct.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…
…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…
…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…
Division and case type: High Court DivCommercial Appeal
…of probabilities.…
…I find the issue for determination is whether the Respondent proved her case on a balance of probabilities. 16. The legal burden of proof was on the Respondent to prove her claim on a balance of probabilities.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…of probabilities .’…
…The court clarified that the applicable standard of proof in such forfeiture proceedings is the civil standard namely, proof on a balance of probabilities.’…
Division and case type: High Court DivCivil Appeal
…of probabilities. b.…
…of probabilities.…
Division and case type: High Court CivilCivil Appeal
…The fourth issue raised by the Respondent was whether the Appellant failed to prove his case on a balance of probabilities.…
…The Respondent asserted that the Appellant failed to discharge the burden of proof on a balance of probabilities.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The court also held that the Appellant had not established negligence on a balance of probabilities. 7.…
…George Thuo & 2 Others [2010] 1 KLR 526 on balance of probabilities; Anastassios Thomos vs. Occidental Insurance Co. Ltd [2017] eKLR on causation and Lei Masaku vs.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…In the foregone, the issues for determination relate to ownership of the suit land and trespass thereon flowing from the plaint and whether the plaintiff’s claim has been proved on a balance of probabilities to attract the…
…Clearly, the plaintiff’s case is not challenged, firm and proved on a balance of probability against the defendants.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…In the foregone, the issues for determination relate to ownership of the suit land and trespass thereon flowing from the plaint and whether the plaintiff’s claim has been proved on a balance of probabilities to attract the…
…Clearly, the plaintiff’s case is not challenged, firm and proved on a balance of probability against the defendants.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In that case, the Court emphasized the threshold required in civil proceedings and stated: “In our jurisdiction, the standard of proof in civil liability claims is that of the balance of probabilities.…
…These documents are proof, on a balance of probabilities, that SALOM was extended the facilities by SISL.…