[RULING] - Property law - Injunctions - Adverse possession -  Where a decree grants one party title by adverse possession whereas another party is registered as proprietor of the same suit land - Factors court considers in granting an order of injunction.

[RULING] Affidavits-defects-where the affidavit does not state who drew the document or who filed it-whether court orders to cure defective affidavits by virtue of Order XVIII, rule 7 of the Civil Procedure Rules applies to affidavits, which offend against section 34 and 35 of the Advocates Act (cap. 16)

[RULING] Judcial review - certiorari - Order LIII rule 3 (1) of the Civil Procedure Rules - application to remove to the High Court and to quash the proceedings and ruling of Funyula Land Disputes Tribunal as adopted by the Senior Resident Magistrate’s Court in Busia - the High Court has the jurisdiction to quash decisions of subordinate courts and quasi judicial tribunals which includes Land Disputes Tribunals which survive the demise of the tribunals or such courts - functus officio - Where the body or authority against which certiorari is sought has ceased to exist or become functus officio but a decision it (body or authority) made is still enforceable certiorari must issue to quash or nullify that decision,if it is bad - whether the Land Disputes Tribunal did not have jurisdiction to hear and disputes concerning title to land or a claim based on adverse possession - jurisdiction of Land Disputes Tribunals is set out under Section 3 (1) of the Land Disputes Tribunals Act - Land Disputes Tribunals have no jurisdiction to entertain a claim over title to land leave alone a title of a first registration - The tribunal acted ultra vires its mandate. When a tribunal acts ultra –vires its jurisdiction the court is entitled to quash the decision. The Tribunal's final order was made in excess of its jurisdiction. An order of certiorari will issue not only for excess of jurisdiction but also in respect of an error of law on the face of record - motion allowed.

Civil Practice - Family Law - Divorce - Application for decree nissi on the grounds of desertion - application granted

Civil Practice and Procedure - application for leave to extend time to file and serve Notice of Appeal and Record of Appeal out of time.

Criminal law - stock theft contrary to section 278 of the Penal Code - accused person convicted and sentenced to serve 7 years imprisonment - appeal against sentence on the ground that it was harsh and excessive - trial court failed to consider that the appellant was a first offender - If a court does not consider this aspect then it is in breach of one of the principles of sentencing which gives this court the power to interfere with the discretion on sentence - trial court also not considering that the stolen stock was recovered and restored to the complainant - sentence reduced to 3 years imprisonment with hard labour.

Criminal Appeal - charge of defilement of a girl contrary to section 145 (1) of the Penal Code - conviction of appellant on his own plea of guilt - plea taking - steps to be followed - whether the language used by the trial court was understood by the appellant - failure by trial trial magistrate to record the language used by the appellant and the prosecutor during plea taking - effect of - CHARGE - FACTS READ TO THE ACCUSED TO AGREE WITH THE CHARGE

[RULING] – Civil Procedure and Practice – Preliminary objection raised against motion seeking stay of execution of orders - Order XLI rule 8B of the Civil Procedure rules – When can a preliminary objection be raised – Does law recognize a preliminary objection as a form of response to a summons or a motion - order L rule 1 of the Civil Procedure rules – Preliminary objection permitted.