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…The learned judge did not accept this evidence, and rightly so in our view, because the appellant did not prove on a balance of probabilities that any marriage had taken place between the respondent and Mungai.…

…The trial Judge heard the evidence and held that the defendant's claim to title by adverse possession had been made out on a balance of probabilities, and he dismissed the appellant's suit with costs, giving rise to the present…

…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…He appreciated that the burden of proving insanity was on the appellant on the balance of probabilities.…

…I have read in draft the judgments of My Lords Shah and Bosire with which I am in full agreement that the appeal should be dismissed on the basis that the Appellant, the Plaintiff in the suit, had on a balance of probabilities…

…of probabilities prove her case.…

…And that it was proved by the respondent on the balance of probabilities at the trial that the appellant had (i) Failed in various years to obtain a current trading licence.…

…The presumption to be discharged by the employer on the balance of probabilities was that the second defendant was not acting in the course of his employment at the time he was involved in the motor accident.…

…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…So for the purposes of this application for a temporary injunction the Company has failed to persuade us that on the balance of probabilities we should exercise our discretion in its favour and extend the ex parte one we…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…So for the purposes of this application for a temporary injunction the Company has failed to persuade us that on the balance of probabilities we should exercise our discretion in its favour and extend the ex parte one we…

…In my judgment the evidence established this allegation on the balance of probabilities and, accordingly the appellant is entitled to succeed. I return to the aspect of the quantum of damages.…

…E J E LAW ………………………… JUDGE OF APPEAL JUDGMENT OF KNELLER, AG J A I agree with Hancox, Ag JA that the appellant and his witnesses proved on the balance of probabilities the willful assault and battery upon him by the respondent…

…(viii) That the learned magistrate erred in law and in fact in finding that the respondent had proved his case on a balance of probabilities. 7.…

…had examined the initials on the delivery note annexed to the respondent’s supporting affidavit above mentioned but was unable to decipher to whom amongst its members of staff the letter was delivered, we think that on balance…

…of probabilities the said letter was delivered to and received by the appellant on 11th October, 1990 with the result that the appellant had the requisite notice in terms of section 10 (2) (a) of the Act.…

…accident happened was at variance with paragraph 5, when there are indeed other allegations in paragraphs 4 and 8 which make it perfectly clear that the accident happened at work in circumstances which established on the balance…

…of probabilities that the defendants failed in the duty of care which they owed to the plaintiff.…

…“presumption of marriage on a balance of probabilities, even if a presumption of marriage arose from cohabitation between Peter and Mary, and that, in any event there was no real co-habitation between them.”…

…of probabilities; iii) Evidence as to the formalities required for a customary law marriage must be proved to that standard; (of Mwagiru v Mumbi (1967) EA 639, 642 (K); iv) Long cohabitation as man and wife gives rise to…

…From the evidence I have considered in this case a whole I find that the plaintiff has proved his claim against the defendant, on a balance of probabilities and I find judgment for the plaintiff in the sum claimed inthe plaint…

…That is the issue throughout the trial, and in giving judgment at the end of the trial the judge had to decide whether he is satisfied on a balance of probabilities that the accident was caused by negligence on the part of…

…However, the judge proceeded to find that the charge of theft in respect of Kshs 21 was proved, on the grounds as we understand the judge’s reasoning that the standard of proof of a criminal charge is on the balance of probabilities…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…Could the respondent prove on the balance of probabilities its claim? 3. Was the respondent the holder of the note? 4. Did the respondent duly present the note? 5.…