Judgment[1989] KEHC 4
Case law
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Division and case type: CivilCivil Case
…I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase…
…All in all, I am satisfied that the Plaintiff's suit against the Defendants has been proved on a balance of probability ties.…
Division and case type: High Court DivCivil Appeal
…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.…
Division and case type: High Court CivilCivil Appeal
…at the trial court lay upon the respondent to prove his case on a balance of probability. 19.…
…The evidentiary threshold in this case is on a balance of probability. 32.…
Division and case type: High Court CivilCivil Appeal
…of probability. 19.…
…The evidentiary threshold in this case is on a balance of probability. 32.…
Division and case type: High Court CivilCivil Appeal
…The first issue for the determination of this court is; a) Whether the Respondent proved the injuries pleaded on a balance of probability 20.…
…The burden of proof at the trial court lay upon the respondent to prove her case on a balance of probability. 21.…
Division and case type: High Court DivCivil Appeal
…The standard of proof on a balance of probabilities has been explained in various decisions.…
…of probability. b) The balance of probability standard means that the Court must be satisfied that the event in question is more likely than not to have occurred. c) The balance of probability standard is a flexible standard…
Division and case type: High Court CivilCivil Appeal
…That the learned trial Magistrate erred in law and fact by finding that the Appellant had not proved his case against the respondent on a balance of probability. ii.…
…The evidentiary threshold in this case is on a balance of probability as rightly highlighted by the Appellant who cited the case of Miller vs.…
Division and case type: High Court DivCivil Appeal
…A plaintiff must prove its case too upon a balance of probability whether the evidence is unchallenged or not’’ 18.…
…The standard of proof on a balance of probabilities has been explained in various decisions.…
Division and case type: High Court DivCivil Appeal
…He submits that he proved his case sufficiently on the balance of probability save for the rule of evidence. 6.…
…(ii)whether the appellant proved his case on a balance of probabilities 18.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of probabilities. 19.…
…of probability.…
Division and case type: High Court CivilCivil Appeal
…That the learned trial Magistrate erred in law and fact by finding that the Appellant had not proved his case against the respondent on a balance of probability. ii.…
…The evidentiary threshold in this case is on a balance of probability as rightly highlighted by the Appellant who cited the case of Miller vs.…
Division and case type: High Court CivilCivil Appeal
…That the learned trial Magistrate erred in law and fact by finding that the Appellant had not proved his case against the respondent on a balance of probability. ii.…
…The evidentiary threshold in this case is on a balance of probability as rightly highlighted by the Appellant who cited the case of Miller vs.…
Division and case type: High Court DivCivil Appeal
…The standard of proof on a balance of probabilities has been explained in various decisions.…
…of probability. b) The balance of probability standard means that the Court must be satisfied that the event in question is more likely than not to have occurred. c) The balance of probability standard is a flexible standard…
Division and case type: High Court DivCivil Appeal
…The standard of proof on a balance of probabilities has been explained in various decisions.…
…of probability.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…In re H C Minors [1996] AC 563 at 586, Lord Nicholls explained balance of probability as follows: “The balance of probability standard means that a Court is satisfied an event occurred, if the Court considers, that, on the…
…of probability. …
Division and case type: High Court CivilCivil Appeal
…The suit was dismissed, with costs, for failure by the appellant to prove his case on a balance of probability.…
…The legal burden of proof was on the appellant, to prove negligence on the respondent, on a balance of probability. The evidential burden was also on him, to discharge the legal burden.…
Division and case type: High Court DivCivil Appeal
…He submits that he proved his case sufficiently on the balance of probability save for the rule of evidence. 6.…
…(ii)whether the appellant proved his case on a balance of probabilities 18.…
Division and case type: High Court DivCivil Appeal
…The standard of proof on a balance of probabilities has been explained in various decisions.…
…of probability.…
Division and case type: High Court DivCivil Appeal
…of probabilities.…
…of probability.…
Division and case type: High Court DivCivil Appeal
…The trial court dismissed the claim on basis that the forensic expert ought to have been called to confirm parties made the mutual agreement thus claim not proved on balance of probabilities.…
…Ground 2: On standard of proof. Balance of probability see Ndathi case cited authority standard of proof. It is on Balance of probability ie It’s effect is that it is more probable than not.…