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…The burden of proof lay on the appellant and she failed to discharge this burden.…

…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…was in “no man’s land” near the Kenya-Somali border, and essential witnesses including the Somali Militia officers, were not called to testify, and all in all, the prosecution did not in the circumstances discharge the burden…

…possession could not safely be relied upon to form the basis of a conviction. 11.It is the law that once an accused person is found in possession of a recently stolen item, then the burden, unlike in all criminal cases where the burden…

…of proof is the prosecution’s to discharge, shifts to that accused person to explain how he came to be in possession.…

…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.…

…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…

…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.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…The learned trial judge recounted the prosecution evidence, the appellant’s unsworn statement, correctly pointed out upon whom the burden of proof lay and said the appellant’s unsworn statement suggested the defence of drunkenness…

…The learned trial judge recounted the prosecution evidence, the appellant’s unsworn statement, correctly pointed out upon whom the burden of proof lay and said the appellant’s unsworn statement suggested the defence of drunkenness…

…Mr Shah argued that there was no express prohibition as regards the use of the respondent’s vehicle and that the respondent, as employer, could not discharge its burden of proof merely by saying that the second defendant…

…Mr Couldrey relied to a large extent on the decision in Sanderson v Collins [1904] 1 KBD 628, and submitted that the respondent had dislodged the burden of proof placed on him.…

…Thus, granted that the burden of proof in contempt of court allegations is higher than the balance of probabilities standard in civil matters, this court nds that 1st, 2nd, 3rd and 5th Respondents may not have not been on…

…The burden of proof is however, on the plaintiffs to establish a contract between themselves and the defendant as a broker.…

…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…

…We think, however, that he lost sight of the fact that the burden of proof that the statements were voluntary was on the prosecution and that evidence that the appellants had been subjected to some violence while in custody…