[Ruling] – CIVIL PRACTICE AND PROCEDURE - striking out – application for – defendant sought dismissal of suit for want of prosecution – no affidavit was filed – effect of – where the defendant did not cite the enabling paragraphs of the rules – whether this is a fatal defect - Civil Procedure Rules Order 16, rule 5

[RULING] Civil Practice and Procedure-suits-locus standi-whether a suit which is filed by a person without locus to institute it can be subsequently validated by enjoining a party who has the locus

Probate and Administration-suits-whether a person can file suit on behalf of the deceased’s estate prior to obtaining a grant of representation

Civil Practice and Procedure - setting aside ex parte judgment - judgment entered in default of filing a defence within the prescribed time - ex parte judgment entered without an ex parte hearing taking place and without evidence being adduced - application to set aside the ex parte judgment dismissed - appeal - suit relating to a an action for trespass to land - whether the jurisdiction for such a suit was vested in the Land Disputes Tribunal - whether the trial court had acted without jurisdiction -  whether it was proper to give an order of eviction without hearing evidence - whether the trial court had erred in dismissing the application for setting aside its judgment - Civil Procedure Rules Order IXA rule 10 - Land Disputes Tribunal section 3(1)

JUDGMENT declaratory judgment application for applicant sought for declaratory judgment that the he is the lawful owner of the suit property where the application was not opposed effect of factors the court considers in such applications

INJUNCTION permanent injunction application for applicant sought to restrain the respondent from denying him peaceful enjoyment of the suit property - where the applicant is the registered owner of the property applicable principles validity of order

CIVIL PRACTICE AND PROCEDURE - judgment – setting aside – application for- applicant sought to set aside the judgment of a previous court on grounds that the court had nothing before it on which to base its decision – effect of – factors the court considers in such applications – validity of order

APPEAL – appeal against a decision of a land disputes tribunal – the tribunal was not properly constituted – where the dispute acted ultra vires – effect of – factors the court considers in such applications – validity of order - Land Disputes Tribunals Act section 4(1) and 8

[RULING] Civil Practice and Procedure-suits-application for dismissal for want of prosecution-where the application is brought by way of Chamber Summons rather than Notice of Motion-whether this renders the application incompetent

TORT – negligence – plaintiff was a passenger in the defendants motor vehicle which was involved in an accident – where the applicant suffered fracture of the distal 1/3 shaft of the left humerus, fracture of the medial aspect of distal humerus, fracture of shaft of the distal end of the radius and ulna, fracture of the distal phalange of the ring finger, fracture of the ribs – assessment of liability – quantum of damages

EVIDENCE – production of documents – where the plaintiff failed to produce the makers of the documents she relied on in court contrary to written law – effect of – whether this nullifies her claim

[Ruling] - INJUNCTION temporary injunction application for an injunction to restrain the respondent from being sworn in as a director of the defendant company where the applicant claims fraud in the elections conducted by the defendant company proof of courts discretion applicable principles whether the applicant proved his application on a balance of probabilities