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…That notwithstanding, the plaintiffs are pursuant to sections 107 to 109 of the Evidence Act chapter 80 of Laws of Kenya, under legal duty to prove their claim to the standard required of balance of probability. b.…

…That from the foregoing, the court finds that the plaintiffs have proved their case to the standard of balance of probability.…

…The Plaintiff has proved her case on a balance of probabilities, and further, her case remains uncontroverted. The plaintiff relies on the decision this Court in Njoroge vs.…

…I do find that the plaintiff has proved her claim on a balance of probabilities and I do grant judgment in terms court as to be fit the plaintiff.…

…In the foregone, the issues for determination relate to ownership of the suit land and trespass thereon flowing from the plaint and whether the plaintiff’s claim has been proved on a balance of probabilities to attract the…

…Clearly, the plaintiff’s case is not challenged, firm and proved on a balance of probability against the defendants.…

…In the foregone, the issues for determination relate to ownership of the suit land and trespass thereon flowing from the plaint and whether the plaintiff’s claim has been proved on a balance of probabilities to attract the…

…Clearly, the plaintiff’s case is not challenged, firm and proved on a balance of probability against the defendants.…

…of probabilities and dismissed it with costs to the respondent.…

…From the evidence adduced I’m afraid the plaintiff failed to prove his claim on a balance of probability.…

…The Appellant submitted that the Respondent did not prove his case on a balance of probability.…

…The Respondent submitted that the Appellant failed to prove his counterclaim before the trial court on a balance of probability.…

…The learned magistrate heard the plaintiff’s case and dismissed the suit on grounds that the appellant did not prove her case on a balance of probability.…

…On whether the appellant proved his case on a balance of probability I do find that the appellant proved that Dundori/Miroreni/Block1/43 existed.…

…balance of probability hence his finding was triggered by bias. 9.   …

…Fraud, however, is a serious allegation which must be pleaded with particularity and proved to a standard higher than the ordinary balance of probabilities, though not as high as beyond reasonable doubt.…

…Upon considering the case urged before her, the learned trial magistrate determined that the plaintiff/respondent had proved his case on a balance of probabilities and entered judgment in his favour.…

…The upshot of the foregoing is that the respondent did not prove his pleaded case on a balance of probability.…

…I find the Plaintiff’s case proven on a balance of probability and make the following orders: - a) A declaration that parcel number Baringo/Bartolimo/576 belongs to Kimoi Kigen, plaintiff being her administrator ad litem;…

…Dissatisfied with the judgment, the defendant appealed to this court on the grounds that the learned trial magistrate erred by: - i) Finding that the plaintiff had proved his case on a balance of probability yet there was…

…Counsel submitted that the plaintiff has demonstrated that he has proved his claim against the defendant on a balance of probabilities and that the orders sought in the amended originating summons be granted accordingly.…

…It is well settled that the burden of proof in civil cases is on a balance of probabilities even if the case was heard by way of formal proof; see Kirugi & another-vs-Kabiya & 3 others (1987) KLR 347. 19. …

…Upon considering the case urged before her, the learned trial magistrate determined that the appellant had not proved his case on a balance of probabilities and dismissed it with costs to the respondents.…

…The onus remains on the plaintiff to prove his case on a balance of probability.…

…The standard of proof for fraud is higher than proof on a balance of probabilities required in civil cases.…

…Though it is the same civil standard of proof on a balance of probabilities, it is certainly higher than the ordinary proof on a balance of probabilities but lower than proof beyond a reasonable doubt.…

…of probability but below reasonable doubt.…

…of probability but not beyond reasonable doubt. …

…In the circumstances, I find and hold that the applicant has not discharged the duty imposed on him of proving his pleaded case on a balance of probability. 14.…

…The applicant having failed to prove his pleaded case on a balance of probability, I need not consider the defence offered by the respondent to the effect that he had merely leased 1 acre of land comprised in the suit property…

…The standard of proof in a civil case, on a balance of probabilities, does not change even in the absence of rebuttal by the other side.” 28.   …

…The more improbable the event, the stronger must be evidence that it did occur before, on the balance of probability, its occurrence will be established.” 40.   …

…Whether the appellant failed to prove his case on a balance of probabilities.…

…That the Appellant proved his case on a balance of probabilities and the trial Magistrate erred in holding that the Appellant failed to prove his case on balance of probability.…

…The standard of proof in a civil claim is on a balance of probability. Mary Kasango J in the case of D. T.…

…Dobie & Company (K) Ltd v Wanyonyi Wafula Chebukati [2014] eKLR stated as follows regarding this standard: “The burden of proof in Civil cases is on a balance of probability.…

…The Plaintiff must adduce evidence, which in the absence of rebutted evidence by the Defendant convinces the court that on a balance of probabilities, it proves the claim.…

…The standard of proof in a civil case, on a balance of probabilities, does not change even in the absence of a rebuttal by the other side. 16 The Limitation of Actions Act Cap 22 of the laws of Kenya underpins the doctrine…