“"balance of probability"” — court decisions

Judgment[1997] KECA 622 December 1997

CECILIA W. MWANGI & another v RUTH W. MWANGI

Court of Appeal at NyeriJUDGE APPEAL,Bhanji,Claudio O. Owino,Owino,Inamdar,NjugunaCase number Civil Appeal 251 of 1996

Division and case type: CivilCivil Appeal

…The damages under the head of "loss of earning capacity" can be classified as general damages but these have also to be proved on a balance of probability.…

appeal is allowedAllowed12 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…There is a considerable body of evidence which, in my judgment, establishes on a balance of probability that there was a divorce.…

appeal allowedAllowed67 min read

Judgment[2002] KECA 4229 September 2002

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others

Court of Appeal at NairobiOle Keiwua,JUDGE APPEALCase number Civil Appeal 63 of 2001

Division and case type: CivilCivil Appeal

…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…

Petition struck outDismissed76 min read

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Abdullah & another v Chari & another

CECILIA W. MWANGI & another v RUTH W. MWANGI

Kaittany & another v Wamaitha

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others