Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…And all by the standard usual in civil actions, which is on the balance of probabilities. Fraud was not pleaded and the evidence does not support it.…
…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…
Division and case type: CivilCivil Appeal
…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 for a civil…
…action, namely, one the balance 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…