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…This being a civil matter the standard of proof required is on a balance of probabilities.…

…on a balance of probabilities.…

…I hereby find that the plaintiff in this case has not proved his case on a balance of probability. I dismiss this suit with costs to the defendant.…

…proof as stipulated in section 107,108 of the Evidence Act cap 80 Laws of Kenya and as set out in the case of Ernest Kinyanjui Kimani v Muiru Gikanga and another [1965] EA 735 is on the plaintiffs to prove their case on a balance…

…of probability.…

…In doing so, I am supposed to consider all the evidence presented in court and decide whether or not the first defendant has proved on a balance of probability that the pipe in fact burst.…

…The contradictory evidence of DW 1, DW 2 and DW 3 coupled with all the above circumstances show that the first defendant has not proved on a balance of probability that it exercised all reasonable care and was negligent in…