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…with the Respondent being oral as opposed to it being reduced in writing as per the provisions of Section 9 & 10 of the Employment Act, the Appellant did the best he could with the documents he had to prove his case on a balance…

…of probabilities.…

…This judgment relates to an appeal arising from a decision rendered on 6th January, 2023, where the Trial Court held that the Respondent had proved his case on a balance of probabilities, and proceeded to award him one month…

…of probability, and not prove beyond reasonable doubt.…

…I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase…

…All in all, I am satisfied that the Plaintiff's suit against the Defendants has been proved on a balance of probability ties.…

…It was incumbent upon the Claimant to prove on a balance of probabilities that there was ballot stuffing and further that the votes for the position of Executive Secretary were markedly more than those for other positions…

…between internal disciplinary proceedings of an employer and criminal proceedings was upheld for the reason that the internal disciplinary proceedings are anchored on the contract of employment and the burden of proof is on a balance…

…of probability, while in criminal proceedings, proof beyond reasonable doubt is required. 22.…

…After weighing the Claimant’s case against that of the Respondent and based on the evidence availed, the learned trial Magistrate found that the Respondent had discharged the burden of proof on a balance of probabilities…

…The Appellant faults the trial Court variously; that it erred in law and fact for; Finding that the Respondent had proved his case on a balance of probabilities.…

…The court held that on a balance of probabilities the claimant was paid extra Kshs. 244700 being double payment of salary in December 2016.…

…The court was convinced on balance of probabilities that RW4 had met the claimant with Willis and discussed deductions.…

…This appeal arises from a Judgment rendered on 9th June, 2022, where the Trial Court held that the Appellant herein had failed to prove her case on a balance of probability, and proceeded to make an award for leave allowance…

…On the first ground, as to whether the Appellant proved her case on a balance of probabilities, she stated that, being a civil case, the burden of proof was on a balance of probabilities and cited Palace Investment Ltd v…

…The burden of proof was on the plaintiff, and she had to prove her case on a balance of probabilities.…

…The Appellant argued that the standard of proof in civil cases is on a balance of probabilities. The question of what amounts to proof on a balance of probabilities was discussed by Kimaru, J in William Kabogo Gitau v.…

…The Appellant simply failed to prove its case to the required standard on a balance of probabilities, leaving the Adjudicator with no option but to dismiss the claim.…

…In a judgment dated 15th July 2022, the trial court found that the appellants had not proved their case on a balance of probabilities and proceeded to dismiss the suit. 3.…

…of probabilities.…

…of probabilities.…

…it as higher than a balance of probabilities.…

…I thus find that the appellant proved negligence against the respondent on the balance of probabilities, and it is 100% liability. I so hold.…

…In my view, the claim for loss of use of the vehicle of Kshs. 10,000/= per day was not proved by the appellant on the balance of probabilities.…

…The burden of proof lay on the Appellant/Plaintiff, to prove his case on a balance of probabilities.…

…That is what is called the balance of probabilities.…

…The trial court concluded that the Appellant had failed to prove its case on the balance of probabilities and as such dismissed the suit. 6.…

…The main issue in this appeal is whether the Appellant proved its case on the balance of probabilities.…

…of probabilities. 2.…

…THAT the learned magistrate erred in law and in fact by making a finding that the Appellant had not proved its case on a balance of probabilities. 5.…

…of probabilities. 5.…

…The Respondent contends that the Appellant failed to prove her case on a balance of probabilities.…

…The applicable standard of proof in civil matters is that of a balance of probabilities, and the burden of proof lies on the party who alleges a fact.…

…Thus, proof on a balance or preponderance of probabilities means a win, however narrow. A draw is not enough.…

…The 2 nd Respondent submitted that the trial court correctly found that the Appellant failed to discharge the burden of proof on a balance of probabilities. 39.…

…She argued that the court did not impose any higher threshold than the required standard of proof on a balance of probabilities. 42.…