Contract - action for the recovery of monies owing under a contract - plaintiff having been contracted by a local authority to undertake public works - plaintiff stating that the contract had been varied and extended - defendant disputing the fact and validity of the variation and extension - evidence - works completion certificate having been issued and a hand-over certificate for payment given to the public engineer - duty of the engineer to prepare an interim valuation of work done and the materials on the site to accompany the certificate of payment as provided in the contract - whether the plaintiff had established its case.

Ruling] – EVIDENCE – sufficiency of – preliminary inquiry in a case of murder - whether there was sufficient evidence linking the accused to the crime – validity of order - Criminal Procedure Code Section 306 (1)

[Ruling] Civil Procedure - review - application for the review of a court order - court order dismissing an application - applicant arguing that as the application had not been decided on merit, the proper order to make would have been to strike it out and not to dismiss it - whether the application had been decided on merit - whether the option open to the applicant was appeal and not review - Civil Procedure Act section 80; Civil Procedure Rules order XLIV rules 1, 2, 3

[Ruling] Injunction - application for an interlocutory injunction - injunction sought to restrain the respondent from interfering with the user or wastage of land pending the hearing of a suit - whether a prayer for a permanent injunction and a declaration may be issued at an interlocutory stage - duty of the applicant to precisely identify the land forming the subject matter of the litigation - principles for the grant of an injunction - duty of the applicant to establish a prima facie case with a probability of success - Civil Procedure Rules Order XXXIX rules 1, 2, 2A; Civil Procedure Act section 3A

[RULING] Civil Practice and Procedure-injunctions-principles guiding grant of injunctions-Civil Procedure Rules, Order XXXIX, rules 1,2, and 3-EVIDENCE-oral evidence-whether it is admissible where there is in existence documentary evidence as to the agreement between the parties-Evidence Act (cap.80), Section 97(1), (3) and Section 98-SALE OF GOODS-passage of property-whether an injunction can be granted to interfere with ownership of the goods where property in the goods has already passed from the plaintiff to the defendant-Sale of Goods Act, Section 20(a)

[RULING] Land Law-charge-where the identity of the charged property as indicated in the charge document is uncertain-whether such inconsistency as to identity renders the charge invalid and unenforceable-whether the court can accept extraneous evidence to show the original intention of the parties-Evidence Act (cap.80), Section 97-BANKING LAW-negotiable instruments-debentures-interest rates-where the defendant unilaterally charged interest rates that were over and above those agreed upon by the parties-whether this constituted a fundamental breach of terms entitling the plaintiff to consider itself discharged from its obligations under the document-Registered Land Act, Section 71 -CIVIL PRACTICE AND PROCEDURE-affidavits-where the deponent in his verifying affidavit refers to the plaint as an affidavit-whether this mistake is fatal to the affidavit-Civil Procedure Rules, Order VII, rule 1(2) and (3)-COMPANY LAW-receivership-suit-whether the directors of a company can file a suit in the name of a company under receivership-procedure of filing suit against receivers-Companies Act, Section 354; Company High Court Rules, rule 9(g)

[RULING] Judicial review - application for orders of prohibition,mandamus and certiorari against the Ministry of Health - applicant stating that the respondent had unlawfully refused to register her as a Medical Laboratory Technologist - whether prohibition could issue - to restrain the Interested Party from preventing the applicant from working - whether mandamus could issue to compel the Interested Party to issue a certificate of registration of the applicant - whether certiorari could issue to quash the decision of the interested party.

Family law - divorce - petition for dissolution of marriage - Luo customary marriage having been converted into a statutory marriage under the Marriage Act - allegations of adultery,cruelty and negligence against the respondent - whether the marriage had irretrievably broken down and should be dissolved - custody of children.

Civil Procedure - land dispute - jurisdiction - whether the trial court erred in entertaining a dispute involving a parcel of land which was still within the land adjudication process contrary to Section 30(1) of the Land Adjudication Act

Civil Procedure and Practice - Appeal against the quantum of damages awarded by the trial Court - Judicial discretion exercised by the Magistrate - When the Court of Appeal can interfere with the discretion of a judge - Incompetent appeal - Order XLI rule 1A of Civil Procedure Rules - Appeal struck out.