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…evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved 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…

…It will first require to be satisfied on a balance of probability, on whether the applicant has established an arguable case that the respondent’s act or omission is wrongful: Dewani and others v Datoo and others, [1 952]…