Injunction – interlocutory injunction – mandatory injunction - appeal against injunction – equitable and discretionary jurisdiction of the High Court in granting an injunction – principles to be considered by the court in an application for an injunction – duty of the court to investigate whether the applicant had established a prima facie case with a probability of success – conditions for the grant of a mandatory injunction – whether the applicant had fulfilled those conditions

[Ruling] Civil Practice and Procedure – stay of execution – application for stay of execution pending appeal – appeal intended against a decision of the High Court dismissing the applicant’s suit and finding that the 2^nd respondent had acquired title to the applicant’s land by adverse possession – nature and scope of the jurisdiction of the Court of Appeal on an application for stay pending appeal – matters which the applicant is required to establish - Court of Appeal Rules rule 5(2)(b)

Land law – transfer of land – suit alleging fraudulent registration of land – appeal – re-evaluation of the evidence on a first appeal – whether the High Court’s finding that the registration of the appellant as the proprietor of the suit land was fraudulent was supported by the evidence – whether there was merit in the appeal

Negligence – road accident – child injured after being hit by a vehicle - assessment of damages for personal injuries – severe head injury, fractures of the base of the skull, moderate brain damage, severe neck trauma - retardation of mental faculties - award of Kshs. 2 Million in damages – appeal against award of damages – re-evaluation of the evidence – principles an appellate court will apply in deciding whether to interfere with an award of damages

Civil Practice and Procedure – issues – pleadings – parties are bound by their pleadings and the court is to pronounce its judgment only upon the issues arising from the pleadings and canvassed - Claim for a liquidated sum for ‘wrongful dismissal of the ‘plaintiff’s tractor’ and for expensed incurred – court acting on its own motion to refer the dispute to a panel of elders - whether such a claim could be properly referred to a land disputes tribunal – procedure to be applied before entering judgment upon an award by a panel of elders - Magistrates Jurisdiction (Amendment) Act 1981 sections 9A, 9D, 9D(4), 9E

Consent – consent order – nature of a consent order and the circumstances in which it may be set aside – consent order sought to be set aside on the ground that the advocate for the respondent had no instructions to enter the consent – invocation of the inherent powers of the court to ensure justice to the parties – Civil Procedure Act section 3A

[Ruling] Civil Practice and Procedure - appeal - application to strike out a record of appeal - grounds: that the record of appeal was lodged in court out of time - appellant having failed to lodge his record of appeal within 60 days after filing the notice of appeal - appellant seeking to rely on the proviso to the Court of Appeal Rules rule 81, attributing the delay to the time it had taken him to obtain copies of the proceedings from the High Court – appellant having not requested for copies of the proceedings in writing within 30 days of the decision against which an appeal is intended – whether the appellant could rely on rule 81

[Ruling] Civil Practice and Procedure - appeal - extension of time  - application for extension of time to file and serve notice of appeal and record of appeal out of time - grounds of the application: that the intended appeal raised serious issue of law and had high chances of success - discretion of a single appellate judge in an application for extension of time - matters which a judge is to consider -duty of the applicant to give a satisfactory explanation for the long delay- Court of Appeal Rules rule 4

Criminal law - robbery with violence - five accused persons convicted on two counts and sentenced to death -first appeal against conviction and sentence dismissed - second appeal - evidence - confession - whether a court may accept part of a confession statement made by an accused person as true and reject party of it as untrue - The Judges Rules - the rules are only rules of practice and a trial judge has a discretion to accept statements by accused persons even where they haven’t strictly been obtained according to the rules - whether a statement that contains self-exculpatory statements may amount to a confession - accomplice evidence - weight to be given to such evidence - 1st appellant alleging that she was under age at the time of her trial - the question of age not having been raised at trial or in the first appeal and no evidence produced, such as a certificate of birth - Penal Code section 296(2)

Criminal law - murder - appeal against conviction and sentence of death - conviction based on a statement under inquiry, circumstantial evidence and implication of the accused in the statements of his co-accused - re-evaluation of the evidence   - probative value of accomplice evidence - test to be applied to circumstantial evidence - whether the prosecution's evidence irresistibly pointed to the guilt of the appellants to the exclusion of all other persons - whether the pBENSON LIMANTEES LESIMIR & WALINO LELESARA ARAKAN v REPUBLIC rosecution had proved its case beyond reasonable doubtBENSON LIMANTEES LESIMIR & WALINO LELESARA ARAKAN v REPUBLIC

Criminal law - murder - criminal practice and procedure - assessors - one assessor failing to turn up in the course of trial - trial proceeding with only two assessors - appeal against conviction and sentence of death - whether there was evidence linking the appellant with the killing of the deceased - re-evaluation of the evidence by the first appellate court - appellant's conviction based on a confessionary statement and circumstantial evidence - whether the trial court had applied the proper test in dealing with the circumstantial evidence - whether the confessionary statement had been properly accepted - Penal Code sections 203, 204 - Criminal Procedure Code section 298(1)