Case law
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Division and case type: CriminalCriminal Appeal
…Of course, there is no doubt that this was a criminal charge which was subject to the standard of proof applicable to most criminal charges.…
…The burden of proof was on the prosecution throughout and the standard of proof was beyond reasonable doubt. The charge was based on the premises that the stuff was a petroleum product.…
Division and case type: CriminalCase number Criminal Application
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…In Atito v R (1975) e A 278 at page 281 the court of Appeal held:- “What has caused us concern in this case is whether it was established, having regard to the standard of proof in criminal cases, that the appellant was guilty…
Division and case type: CriminalCriminal Appeal
…evidence (ground 1) or that the intention to permanently deprive the complainant company of the properties in question was not supported by evidence (ground 2) or again that the trial magistrate misdirected himself on the standard…
…of proof (ground 3).…
Division and case type: CriminalCriminal Appeal
…Following Tuwamoi v Uganda [1967] EA 84 the learned trial judge was aware of the standard of proof required and in particular that the confession statement must be corroborated in some material particular or by independent…
Division and case type: CriminalCriminal Appeal
…one considers all the summing up of the learned judge prior to posing this question, one cannot come to any other conclusion that after having summoned up on the evidence and the issues involved in the trial and on the standard…
…of proof and who should discharge it, he properly put in a nutshell to the assessors the crucial question which they had to determine.…
Division and case type: Milimani Commercial CourtsCivil Case
…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…
…The onus of proof was on Munini and Musangi and the standard of proof was that of ‘on the balance of probabilities’.…
Division and case type: CriminalCriminal Appeal
…section 32(1) of the Evidence Act the evidential value of a confession by an accused person is that it can only be used as lending assurance to other evidence against the co-accused, evidence which narrowly falls short of…
…the standard of proof for a conviction.…
Division and case type: CivilCivil Appeal
…A reading of all the judgments in Yawe’s appeal leads me to believe that it was held that:- i) The onus of proving customary law marriage is generally on the party who claims it; ii) The standard of proof is the usual one…