Case law
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Division and case type: CivilCivil Suit
…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…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…On a balance of probabilities, I find that the proposed Interested Party are the complainants whose complaint led to the proceedings by the First respondent National Land Commission which are the subject of this petition.…
Division and case type: CivilCivil Appeal
…(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.…
Division and case type: CivilCivil Appeal
…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.…
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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…I have considered those ground and come to the conclusions that, viewed on a balance of probabilities, they amounted to misconduct. It was such misconduct as entitled the defendant to dismiss the plaintiff.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The respondent testified and the magistrate delivered what he called a ruling declaring that he believed the respondent and found that he had proved his claim against the appellant on the balance of probabilities so he gave…
Division and case type: CriminalCase number Criminal Revision
…If upon conclusion of proceedings the court is satisfied, on a balance of probabilities, that a nuisance does exist as renders the premises or dwelling unfit for human habitation, it should record such finding and proceed…