Case law
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Division and case type: CivilCivil Case
…The standard of proof in criminal cases differs from that in civil cases. In any case his failure to testify should not be held against him. His evidence should be considered in the light of other evidence adduced.…
Division and case type: Milimani Commercial CourtsCivil Case
…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…
…The onus of proof was on Munini and Musangi and the standard of proof was that of ‘on the balance of probabilities’.…
Division and case type: CivilCivil Case
…This being a civil matter the standard of proof required is on a balance of probabilities.…
Division and case type: CivilCivil Appeal
…A reading of all the judgments in Yawe’s appeal leads me to believe that it was held that:- i) The onus of proving customary law marriage is generally on the party who claims it; ii) The standard of proof is the usual one…