Search court decisions

…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.…

…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.…

…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.…