Contract Law-consideration-where the defendant defaulted in the payment of the last installment of the purchase price agreed upon in a repayment plan by both parties-remedy available to the plaintiff  

[Ruling] CRIMINAL LAW murder crime of accused was charged and convicted of the crime of Penal Code (Cap 63) section 203 as read with 204

[Ruling] CIVIL PRACTICE AND PROCEDURE - suit transfer of application for applicant sought to remove his plaint from the court and file it in a different court where the suit arose in the jurisdiction of the latter court factors courts consider in such applications validity of order - Civil Procedure Rules Order 7 rule 1

[Ruling] Civil Practice and Procedure appeal extension of time application to file notice of appeal and record of appeal out of time - discretion of the Court of Appeal to extend time principles the Court will apply and the matters which it will consider in exercising that discretion duty of the applicant to give a satisfactory explanation for the delay delay of 115 days each case to be decided on its own facts court asked to take judicial notice that as a church, the applicant could only make decisions through its organs and thus delay was inevitable Court of Appeal Rules rule 4.

[Ruling] Civil Practice and Procedure – appeal – extension of time – application for extension of time to file notice of appeal – discretion of the Court of Appeal to extend time – principles the Court will apply and the matters which it will consider in exercising that discretion – without a satisfactory explanation of the delay, there would be no basis for exercising the discretion – applicant’s advocate deponing on information from his clerk that the delay had been occasioned by the disappearance of the court file – no affidavit sworn by his clerk – whether an affidavit is subject to the law on hearsay evidence – whether it is  proper for an advocate to swear an affidavit on behalf of his clerk or client when the clerk or client are available to swear it themselves – whether the advocate’s affidavit should be disregarded - Court of Appeal Rules rules 4, 43 – Evidence Act section 2(2) – Civil Procedure Rules Order 18 rule 3(1)

[Ruling] Civil Practice and Procedure - appeal - case referred by the High Court to a subordinate for the determination of a specific issue - subordinate court making its determination - intended appeal against the decision of the subordinate court - parties seeking directions on whether a final judgment should be written taking into account the subordinate courts findings

[Ruling] Civil Practice and Procedure - transfer of suit - application to transfer a suit from a subordinate court to the High Court - ground: that the lower court lacked jurisdiction to hear the matter as it related to title to land registered under the Registered Land Act - whether a cause filed in a court which does not have jurisdiction is capable of being transferred - Civil Procedure Act section 18 (1) (b)

[Ruling] CIVIL PRACTICE AND PROCEDURE - pleadings amendment of applicant sought to amend its defence court discretion factors the court considers in such an application - whether the amendment would occasion injustice to the respondent - Civil Procedure Act Sections 3A, 63 and 100(Cap 21) as read together with Civil Procedure Rules Order 6A rules 3, 5 and 8

SUIT – prosecution of – where the plaintiff failed to appear on the hearing date and did not prosecute his case – factors the court considers in such applications – validity of order

Insurance law - insurance policy - action by an insurer for a declaration that it was entitled to avoid the policy because the insured had failed to disclose that he would carry passengers in the vehicle - insured having indicated in his proposal form that the vehicle would be used exclusively for social, domestic and pleasure purposes - vehicle involved in an accident in which a passenger was injured - interpretation of the Insurance (Motor Vehicle Third Party Risks) Act sections 4(1), 5 - whether the law requires compulsory insurance in respect of risk to passengers - whether the insured and the insured had agreed to include to cover passengers in the insurance policy.