DIVORCE – petition for – circumstances under which a court will nullify a marriage - validity of  order

[RULING] Application seeking striking out pleadings - Interlocutory judgment - Order VI r 9 Civil Procedure Rules - Order VI rule 13 Civil Procedure Rules - Unlawful eviction from suit premises - Sale of suit premises to another - Mandatory and permanent injunctions sought - Allegations of conspiracy a tortious act - Sufficient cause of action alleged to sustain the suit.

[Ruling] Family law - adoption and guardianship of infants -  application for leave to institute adoption proceedings in respect of a male child - restriction against adoption by a sole foreign male applicant - meaning of "foreign" - applicant a Catholic priest citizen of a foreign country but who had resided within Kenya for over seven years -  the mischief intended to be cured by the statutory restriction - Children Act, 2001 sections 4, 158(3); Guardianship of Children (Practice and Procedure) Rules 2002 rule 3; Children Act General Rules and Regulations 2002 rule 1

[RULING] Judicial review - application for an order of certiorari against the decision of the commissioner of lands ordering the demolishing of developments on land - Order LIII rule 3 of the Civil Procedure Rules - preliminary requirements satisfied: notice to the Deputy Registrar,verifying affidavit,statutory statement - The regime of Judicial review is mainly concerned not with private rights neither the merits of the decision being sought to be upset but it is concerned with the decision making process which ensures that the individual is given a fair treatment by the decision maker - applicants complaining that they were not given a chance to be heard by the municipal council of Busia before issuing the demolition notice - motion allowed.

CRIMINAL PRACTICE AND PROCEDURE burglary stealing where the accused was convicted on his own plea of guilty appeal against conviction and sentence Penal Code section 304 and 279(b)

PLEA recanting of accused appealed on the grounds that he was forced to plead guilty - where the accused admitted not only to the offence but to the facts relating to the offence where he did not tell the court of the coercion at the trial no evidence of coercion adduced on appeal effect of factors the court considers in such applications validity of order - Criminal Procedure Act section 348

Civil Procedure - preliminary objection - whether a party can raise a preliminary objection his own application - defendant objecting to representation of the plaintiff by a firm of advocates in which the plaintiff is a principal partner - allegation that plaintiff had previously been exposed to the evidence in the case and acquired privileged information which could prejudice the defendant - whether such an issue is proper subject matter for a preliminary objection - whether a preliminary objection can properly raise disputed facts

Civil Procedure - application to strike out suit for lack of locus standi, failure to seek leave to continue with suit and failure to obtain letters of administration before filing the suit.

Civil procedure - application for an interlocutory injunction - principles governing such an application - Giella v Cassman Brown - oral contract - agreement on use of land for farming until harvest time - whether such agreement need be in writing - whether damages would be an adequate remedy.

Civil procedure - application for an interlocutory injunction - preliminary objection raised that the application was res judicata as a previous application had covered the issues raised - whether application res judicata.

Civil Procedure- joinder of parties - application to be joined as a defendant and for setting aside a court order - where court order is made without hearing all parties who ought to be heard.