“"balance of probabilities"” — court decisions

Judgment[1985] KECA 3224 February 1985

Njoki v Mutheru & 3 others

Court of Appeal at Nairobijudge held Mary Njoki,judge say Mr,judge continued Mr,judge Mary,judge Mary Njoki,Simpson,Sachdeva November,Muli January,SACHDEVA,judge distinguished Mary,judge should found Mary,JUDGE APPEAL,Kirundi,Njau,Timan Njugi,Njugi,Timan Ndere Njugi,Njugi Wanjiku Njenga,Waithaka,Muite Mary,Kithyoma,Kinuthia,Muite,Kirundi KikuyuCivil Appeal 71 of 1984

Division and case type: CivilCivil Appeal

…“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…

appeal is dismissedDismissed41 min read