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…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.…

…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.…

…It is our humble view that the Claimant, on a balance of probability, has proved negligence on the part of the Respondent.…

…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…

…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]…

…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…