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…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.…

…There is a considerable body of evidence which, in my judgment, establishes on a balance of probability that there was a divorce.…

…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.…