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…of probabilities.…

…it as higher than 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.…

…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.…

…of probabilities.…

…The standard of proof is not proof beyond reasonable doubt but proof on a balance of probabilities.…

…of probabilities.…

…The standard of proof in such claims is on a balance of probabilities, not the strict proof required for special damages.…

…The learned adjudicator erred in fact and in law by holding that the appellant had failed to prove his case on a balance of probability.…

…Learned Counsel for the Appellant submitted that the Appellant had discharged his duty of proving his claim on a balance of probabilities and placed reliance on the case of Re Estate of Sospeter Kimani Waithaka (deceased)…

…The learned adjudicator erred in fact and in law by holding that the appellant had failed to prove his case on a balance of probability. b.…

…Learned Counsel for the Appellant submitted that the Appellant had discharged his duty of proving his claim on a balance of probabilities and placed reliance on the case of Re Estate of Sospeter Kimani Waithaka (deceased)…

…The Learned Magistrate erred in law and in fact in finding that Appellant failed to prove his case against the Respondents on a balance of probabilities against the weight of the evidence on record. 2.…

…of probabilities . 13.…

…Whether the Respondent proved his case against the Appellant on a balance of probabilities. 38. In Selle v Associated Motor Boat Co.…

…of probabilities 47.…

…Whether the Respondent proved his case against the Appellant on a balance of probabilities. 38. In Selle v Associated Motor Boat Co.…

…of probabilities 47.…

…In percentage terms, a party who is able to establish his case to a percentage of 51% as opposed to 49% of the opposing party is said to have established his case on a balance of probabilities.…

…Whether the Appellant proved its claim against the Respondent on a balance of probabilities.…

…Whether the Appellants proved negligence against the Respondent on a balance of probabilities; and c. If liability was proved, what damages should be awarded. C.DUTY OF THIS COURT 8.…

…The occurrence of the accident, the vehicle’s involvement, its ownership and the deceased’s resulting death were therefore proved on a balance of probabilities. 13.…

…The Appellant raised six (6) grounds in the Memorandum of Appeal which can be condensed into one ground on whether the Respondent proved its case on a balance of probabilities. 4.…

…is faced with two probabilities, it can only decide the case on a balance of probability, if there is evidence to show that one probability was more probable than the other. 11.…

…They identified four issues for determination: the role of the Chief’s letter in succession proceedings; whether the Appellants had proved, on a balance of probabilities, that they are indeed the children of the deceased;…

…On the question of whether the Appellants proved, on a balance of probabilities, that they are the children of the deceased, the Appellants submitted that it is not in dispute that a marriage existed between the deceased…

…The appellant being aggrieved by the finding on liability and quantum of damages contending that liability was not proved on a balance of probabilities; that the learned magistrate shifted the onus of proof to the appellant…

…His learned advocate has however submitted that the respondent’s evidence fell short of proving the case on a balance of probabilities. I have perused the evidence in the court below.…

…As the learned judge correctly stated, the burden of proving an averment of insanity, once raised, lies upon the accused person to show on the balance of probabilities: “ that at the time of the killing the deceased was=…

…of probabilities.…

…of probabilities. 6.…

…The use of the phrase “it is apparent” is said to fall short of the standard of proof on a balance of probabilities. 18.…

…of probability and dismissed the suit with costs to the Respondent. 4.Being aggrieved, the Appellant preferred this appeal.…

…The court will therefore focus on the issues of law only. 10.The question before this court is whether the Appellant proved his case in the court below, on a balance of probabilities, which is the standard of proof in civil…

…The onus of proof always lies on the Plaintiff, in this case the Appellant, and the standard of proof is on a balance of probabilities. In other words, the legal burden of proof in this case fell on the respondent.…

…I find that devoid evidence to rebut his evidence, the Respondent proved his case on a balance of probabilities. 13. In the premises the appeal is not merited and it is dismissed with costs to the Respondent.…

…On liability, the Respondent submitted that the Respondent had discharged the burden of proving negligence against the Appellant on a balance of probabilities.…

…I find that the Respondent proved, on a balance of probabilities, that motor vehicle No.…