Civil Procedure - application for stay of execution of court ruling and orders - where a defendant has been asked to furnish security after the court is satisfied that he intended to obstruct or delay execution by selling his property or removing it from the court's jurisdiction - principles of law the Court will apply in considering an application for stay.

[RULING] Civil Procedure - stay of execution - application for stay of execution of judgment under Rule 5(2)(b) of the Court of Appeal Rules - trademark dispute - duty of the applicant to establish to the court that the intended appeal was an arguable one and that if a stay is not granted and the intended appellant subsequently succeeds on the appeal the appeal will be rendered nugatory.

Order for distribution of all family and matrimonial properties under Section 17 of the Married Women’s Property Act 1882 - Determining the proportion of contribution of a spouse in the marriage - Whether there is a distinction between direct and indirect contributions - Whether a claim can be made for shares held in a company in a matrimonial case - Whether the court has jurisdiction to adjust shares in a limited company under the provisions of Section 17 Married Women’s Property Act 1882 or under the Companies Act - A spouse holds a certain number of shares in trust for the other spouse - Spouse must make substantial direct or indirect contribution to the acquisition of property - Court can order for property to be sold and proceeds shared equally between spouses.

Civil Procedure - application for stay of execution pending appeal - duty of applicant to show that he has an arguable appeal - meaning of "arguable appeal" - whether appeal will be rendered nugatory if stay is denied.

Civil Procedure - application for stay of pending filing,hearing and determination of appeal - duty of applicant to demonstrate an arguable appeal and that the appeal,if successful will not be rendered nugatory if the stay is denied.

Negligence - motor vehicle accident - general damages for personal injuries - pain and suffering - appeal against assessment of damages - principles an appellate court will consider in dealing with such appeal - whether awards of Kshs. 5,000 for soft tissue injuries and Kshs. 100,000 for fractures inadequate.

Insurance Law - party taking out an burglary insurance policy - risk materializing - party's claim for compensation from insurer rejected on grounds of failure to pay insurance premium in full - whether there was a failure of consideration in the contract of insurance - when the risk is deemed to begin to run in an insurance contract - whether contract of insurance can be complete before payment of premium - whether mere exaggeration of figures conclusive evidence of fraud and a ground for repudiating the insurance - contract - claim for special damages must be both pleaded and strictly proved

Civil Procedure - application for stay of court orders and further proceedings - duty of applicant to satisfy court that the intended appeal is arguable and that the success of the intended appeal would be rendered nugatory if a stay was refused.

Land law - dispute between father and son over occupation of ancestral land - land registered in the name of father after land consolidation - land registered under the Registered Land Act - father seeking to evict his son from the land due to family disagreement - whether son having a customary law right to occupy ancestral land - whether customary rights extinguished by father's rights as registered owner under section 27 of the Registered Land Act - whether son's occupation and possession of the land gave rise to a trust.

Negligence - traffic accident - collision between a lorry and motor cycle resulting in death of 34 year man - deceased married with children - evidence - burden of proof to lie on the party who asserts - apportionment of negligence.