Judgment[2022] KEHC 18068
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalCriminal Appeal
…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…
…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…
Division and case type: FamilySuccession Cause
…As regards the testators mental and physical capacity to make the will, the law presumes that the testator was of sound mind and the burden of proof that the testator was not of sound mind is upon the person alleging lack…
…which raises suspicion of the testators’ capacity at the time of the execution of the will which generally disturbs the conscience of the court as to whether or not the testator had necessary capacity, he had discharged his burden…
Division and case type: CivilCivil Appeal
…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…