Judgment[1999] KEHC 138
Case law
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Division and case type: CriminalCriminal Appeal
…Further, it is the appellants case that, the learned trial magistrate erred in law in shifting the burden of proof to the appellant which was prejudicial.…
…I would however add that it is true that the learned trial magistrate erred in law in shifting the burden of proof to the appellant when the appellant was called upon to give her defence, it transpired that she had made a…
Division and case type: FamilySuccession Cause
…As regards the testators mental and physical capacity to make the will, the law presumes that the testator was of sound mind and the burden of proof that the testator was not of sound mind is upon the person alleging lack…
…which raises suspicion of the testators’ capacity at the time of the execution of the will which generally disturbs the conscience of the court as to whether or not the testator had necessary capacity, he had discharged his burden…
Division and case type: Constitutional and Human RightsPetition
…In the premises I find that the respondent wife has discharged the burden of proof on her to show that the husband left home without her consent and with no intention of returning.…
Division and case type: Milimani Commercial CourtsCivil Case
…And on whom did the burden of proof lie for these issues?…
…Certainly if no evidence at all were given on either side Munini and Musangi would fail in this suit so, according to section 108 of this Act, the burden of proof was on them.…
Division and case type: CivilCivil Case
…The burden of proof is however, on the plaintiffs to establish a contract between themselves and the defendant as a broker.…