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…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…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…

…As the matter stands even if the plaintiff’s case is taken alone it does not establish the torts upon which this action is based to the standard required in civil cases, namely on a balance of probabilities.…

…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…

…evidence of the written defence of the defendant in the suit in the magistrate’s court at Kaloleni to the same sort of claim and the evidence and plan of the recorder Mwenyesi I declare that the plaintiff proved that on the balance…

…of probabilities it was not sold to the defendant by any Mtsonga.…

…In my view the balance of probabilities are tht the latter was the correct time. That point was not, however noticed by either counsel. As regards the other variation what does this amount to?…

…What the court has now to consider is whether the plaintiff has proved on the balance of probabilities that the profits from his shops were as substantial as he claims.…

…accident happened was at variance with paragraph 5, when there are indeed other allegations in paragraphs 4 and 8 which make it perfectly clear that the accident happened at work in circumstances which established on the balance…

…of probabilities that the defendants failed in the duty of care which they owed to the plaintiff.…

…Tribunal has no jurisdiction over the matter as it is pleaded in the defence, then the only other Court open to the plaintiff is this Court and the claim having been made in this Court, the defendant must satisfy me on a balance…

…of probabilities that it should have leave to defend.…

…Of course, the burden is on the Plaintiff, to be discharged upon a balance of probabilities to prove that there was in fact an accident and that a servant or agent of the Defendant caused that accident by negligence.PW.2…

…That is the issue throughout the trial, and in giving judgment at the end of the trial the judge had to decide whether he is satisfied on a balance of probabilities that the accident was caused by negligence on the part of…

…However, the judge proceeded to find that the charge of theft in respect of Kshs 21 was proved, on the grounds as we understand the judge’s reasoning that the standard of proof of a criminal charge is on the balance of probabilities…