Judgment[2025] KEELC 18646
Case law
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Division and case type: Environment and LandLand Case
…Upon proof of these requirements the presence of willfulness and bad faith on the part of the Respondent would normally be inferred, but the Respondent could rebut this inference by contrary proof on a balance of probabilities…
…The applicant must prove all the above requirements to the requisite standard, that is a standard higher than the balance of probabilities threshold applied in civil proceedings but below the proof beyond a reasonable doubt…
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…