Search court decisions

…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…

…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…

…The 1 st issue for determination is whether or not the plaintiff proved his case on a balance of probabilities.…

…I note that after considering the totality of the evidence, the trial court found that the Respondent had proved his case on a balance of probabilities.…

…Submissions 9.Learned Counsel for the Appellant submitted that the Appellant who was a fare paying passenger proved on a balance of probabilities that the accident occurred; that it was as a result of negligence on the part…

…of probabilities, that no evidence was adduced to prove negligence against their driver.…

…In her judgment, the trial adjudicator found in favour of the respondents and stated that they had proved their case on a balance of probabilities whereas the appellant failed to prove his counterclaim.…

…quality machine cut blocks out of 5 and did not the respondents. c) The learned trial magistrate erred in law and in fact in failing to find that the appellant had proved his counter claim on a balance of probabilities against…

…Whether the Appellant/Claimant proved his case on a balance of probability. b.…

…Whether the Appellant/Claimant proved his case on a balance of probability. 8.…

…THAT the learned judge erred in law and fact by concluding that the Respondent had proved its case on a balance of probability.…

…Whether the Respondent proved, on a balance of probabilities, that the funds were transferred into the Appellant’s account.…

…of probabilities.…

…It must always be remembered that the balance of proof on the appellant was at all times on a balance of probabilities and not higher.…

…The onus to present such compelling reasons lies on the prosecution and the standard of proving that there exist such reasons is on a balance of probabilities. 4.…

…As we have already seen, whether or not there are grounds compelling enough to deny an Accused person bond is a matter to be determined on a balance of probabilities. 17.…

…ANALYSIS AND DETERMINATION The crux of this appeal lies in whether the respondent proved his case on a balance of probabilities. The respondent’s case was that the appellant was a beneficial owner.…

…A plaintiff must prove its case too upon a balance of probability whether the evidence in unchallenged or not. (See Kirugi and Another v Kabiya and Others [1983] e KLR). 13.…

…A plaintiff must prove its c[sic] too upon a balance of probability whether the evidence in unchallenged or not. 20.…

…of probabilities is not correct.…

…He submits that he proved his case sufficiently on the balance of probability save for the rule of evidence. 6.…

…(ii)whether the appellant proved his case on a balance of probabilities 18.…

…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…

…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…

…On his part, the respondent submitted that under POCAMLA the Applicant bears the burden of proving, on a balance of probabilities, that the assets were acquired through criminal conduct.…

…Forfeiture proceedings are Civil in nature and that is why the standard of proof is on a balance of probabilities. See section 92(1) of the Proceeds of Crime and Anti-Money Laundering Act.” 16.…

…The main issue this court must decide is whether the plaintiffs have proven their case on a balance of probabilities, especially considering that the Defendant, despite being properly served, failed to appear or defend, and…

…In civil cases the court makes its decision on the "balance of probabilities". In criminal cases, a case must be proved "beyond reasonable doubt."…

…of probabilities but lower than beyond reasonable doubt.…

…of probabilities; and lower than that required in criminal case that is beyond reasonable doubt.…

…He relied on oral testimony and community recognition as sufficient proof of paternity on the balance of probabilities and contended that DNA is not mandatory.…

…The standard of proof in civil and succession matters is on a balance of probabilities.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of probability. b) The balance of probability standard means that the Court must be satisfied that the event in question is more likely than not to have occurred. c) The balance of probability standard is a flexible standard…

…of probabilities.…

…I find the issue for determination is whether the Respondent proved her case on a balance of probabilities. 16. The legal burden of proof was on the Respondent to prove her claim on a balance of probabilities.…

…As such, the trial court was properly guided by the standard of proof on a balance of probabilities, and the Appellant’s claim that he made full payment remained speculative.…

…In light of the evidence presented and the explanations provided, I am satisfied that the Respondent proved its claim on a balance of probabilities.…