Search court decisions

…On the standard of proof, the Black’s Law Dictionary, (9th Edition, 2009) at page 1535 defines ‘the standard of proof’ as ‘the degree or level of proof demanded in a specific case in order for a party to succeed.’…

…The standard of proof in civil cases is proof on the balance of probability while in criminal cases the standard of proof is proof beyond any reasonable doubt.…

…On the standard of proof, the Black’s Law Dictionary, (9th Edition, 2009) at page 1535 defines ‘the standard of proof’ as ‘the degree or level of proof demanded in a specific case in order for a party to succeed.’…

…The standard of proof in civil cases is proof on the balance of probability while in criminal cases the standard of proof is proof beyond any reasonable doubt.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…She further argued that the Adjudicator had elevated the standard of proof above the balance of probabilities and had wrongly placed upon her a burden that, in the circumstances, lay on the Respondent. 9.…

…As to the standard of proof, the Appellant’s third ground asserts that the Adjudicator imposed a standard of proof beyond reasonable doubt. A careful reading of the impugned judgment does not bear this out.…

…We envisage no difficulty in courts determining the suggested standard of proof. The standard of proof beyond reasonable doubt ought to be left where it belongs, to wit, in criminal cases.…

…Applying the test that the standard of proof should be consistent with the gravity of the alleged contempt.…

…of proof.…

…It is trite law that in civil cases, the burden of proof is on the plaintiff and the standard of proof is on a balance of probabilities.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…compared to the Appellant's and denied the allegations by the Appellant that the trial court's standard of proof was beyond reasonable doubt. 16.…

…The first issue for determination was whether the trial court applied the correct standard of proof in determining the liability of the Appellant’s suit.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…Whether the learned trial Magistrate misdirected herself on the burden and standard of proof applicable during a formal proof hearing. b.…

…Whether the Learned Trial Magistrate Erred on the Burden and Standard of Proof 16.…

…The standard of proof applicable in contempt applications, is above a balance of probabilities, given the criminal connotations of contempt proceedings. In Gatharia K.…

…In our view the standard of proof in contempt proceedings must be higher than proof on the balance of probabilities, almost but not exactly, beyond reasonable doubt…… The standard of proof beyond reasonable doubt ought to…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…Whether the Magistrate elevated the standard of proof. 4. Whether bias was demonstrated. 5. Whether the trial court’s decision should be disturbed.…

…On the standard and burden of proof the trial court did not elevate the standard of proof; rather, the Appellant claimed special damages which must be specifically pleaded and strictly proved.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…This being a civil case, the standard of proof is on the balance of probabilities.…

…In my view, applying the standard of proof of balance of probabilities which is the standard of proof in civil cases, and in the present situation where Order 11 of the Civil Procedure Rules required all statements and documents…

…We are also conscious of the standard of proof in contempt matters. The standard of proof in cases of contempt of court is well established.…

…In the case of Mutitika v Baharini Farm Limited [1985] KLR 229, 234 the Court of Appeal held that:“In our view, the standard of proof in contempt proceedings must be higher than proof on the balance of probabilities, almost…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…

…I am satisfied that the learned adjudicator was correct in her finding that the evidence met the standard of proof under the SCC Act. 13.…

…It follows that even as the standard of proof before the SCC is much more flexible than in the other courts. 29.…

…The standard of proof on a balance of probabilities has been explained in various decisions.…

…of proof) … is well settled.…