[Ruling]Civil Procedure-appeal-reinstatement of suit-where the parties had not turned up severally to court and their suit was dismissed-where no directions had been issued by the court-parties having tried to get the matter set down for hearing-court jurisdiction-whether the law permitted reinstatement of an appeal once dismissed

Tort-negligence-plaintiff claiming damages for injuries sustained when the when the defendant lowered a barrier bar when it was not safe to do so-claims of negligence on the defendants part-quantum of damages-assessment of liabilities-whether the plaintiff was entitled to the damages sought

Company Law-winding-up-application for winding-up- application had been brought on the ground that the respondent company was insolvent and unable to pay its debts and that it was just and equitable that the company should be wound up- where the respondent argued that there was a serious dispute as to the exact principal amount and interest owed by the company to the petitioner and accordingly the petition should be rejected –the respondents consequently filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck out –the application was struck out and the respondent paid the entire principal amount owed to the petitioner and the only unpaid claim was in respect to interest demanded – whether the court could find that the company was insolvent and unable to pay its debts even after it had paid the principal amount -section 220(a) of the Companies Act

Civil Practice and Procedure –dismissal of suit

[Ruling] Civil Procedure-review-application for the main order that the ruling made by this court admitting the plaintiffs suit out of the limitation period be set aside varied reviewed or otherwise discharged-where the plaintiff  had filed  a suit  against the two defendants claiming damages for personal injuries he sustained  as  a  result  of  alleged  negligence  by  the defendants-effect of-court order-Order XLIV rule 1 of the Civil Procedure Rules

Compulsory acquisition of land – right to acquire - whether the government has any right to acquire any land except on the conditions
stipulated in the Constitution and the Land Acquisition Act – whether the land so acquired may be used by the government for a purpose other than that for which it was acquired - land acquired for purposes of making a public road or street and vested in the local authority – whether the authority holds the land in trust for the public – whether such land can be alienated by the government or the local authority under the Government Lands Act.

Land – land acquisition – where land is acquired for the purpose of construction of a road - whether unutilised portion of the land remains as land reserve or may be used for any other purpose by the government

Nuisance – public nuisance – definition of public nuisance – whether members the public residing in a particular local authority have a right
to question the manner in which public land is dealt with. Public Interest - public trust – public land – where land is vested in a local authority to hold in trust for the public - whether members of the public have a right to question the propriety of dealings in such public land

Locus Standi – public trust - where land is vested in a local authority to hold in trust for the public - whether members of the public have a right to question the propriety of dealings in such public land

Injunction – principles for the grant of an injunction – conditions which an applicant must fulfil – consideration by court