[Ruling] Civil Practice and Procedure - costs - taxation of costs - advocate and client costs - application to set aside a certificate of taxation and for the applicant to be given an opportunity to be heard on the bill of costs - counsel alleging that he received the notice of taxation a day after the taxation had been done and that the amount taxed was excessive - notice of taxation having been sent by registered post - burden on the applicant to prove that the notice was received later - whether affidavit evidence alone was sufficient to establish taht fact whether the bringing of the application under the wrong provisions of law meant that it must fail - Advocates (Remuneration) Order section 51(2), rule 3

[RULING] - Civil Procedure and Practice - Where there is to be a change in the representation of a party - Whether leave is required from the court for a change in the representation of a party - Order 3 rule 2(c) of the Civil Procedure Rules -  Order 3 rule 9(a) of the Civil Procedure Rules.

Preliminary objections - Importance of giving notice to the other party of a preliminary objection - Importance of maintaining decorum in court - Order 50 rule 2 of the Civil Procedure Rules.

SUCCESSION – probate and administration - objection to the administration of the estate by one of the beneficiaries – where the other beneficiaries did not agree that the petitioner should be a beneficiary or an administrator – effect of – meaning of beneficiaries within the Act – factors the court considers in such applications – validity of order

INJUNCTION permanent injunction application for where the applicant did not hold title to the suit property applicable principles whether the applicant established a prima facie case

LAND public land claim by individual where the applicant claimed to have overriding interests over the public land proof of effect of factors the court considers in such applications validity of order

EMPLOYMENT LAW – termination of employment – employees of the defendant were terminated when the plant closed down – no notice of termination was given to them – where the plaintiffs had received the terminal benefits due to them – factors the court considers in such applications – whether the plaintiffs’ are entitled to damages for dismissal

[Ruling]Civil Practice and Procedure - application for reference of a dispute to the Electricity Regulatory Board - when a statute has invested jurisdiction upon a special tribunal, then a dispute ought to be referred to that tribunal for determination - nature of disputes which the Electricity Regulatory Board has jurisdiction to determine - disputes over the accuracy of the electricity meter recording - plaintiff's suit having to do with alleged illegal, irregular and fraudulent billing and alteration of billing tarriffs - plaintiff seeking an injunction to restrain the Kenya Power and Lighting Company from interfering with supply of electricity - whether the suit fell within the nature of disputes that should be determined by the Board - Electric Power Act section 87; Civil Procedure Rules Order 27 rule 9

[Ruling] CIVIL PRACTICE AND PROCEDURE - suit parties to the suit the plaintiff instituted the suit as the legal representative of the deceased where the plaintiff had failed to obtain the grant of letters of administration before instituting the suit locus standi factors the court considers in such circumstances validity of order

DECREE application for orders that the plaintiff is the rightful owner of the suit premises where the defendant had acquired title to it though a balloting process but the plaintiff refused to grant vacant possession proof of fraudulent transfer - whether the plaintiff established his case on a balance of probabilities

[RULING] Judicial Review-certiorari-where the ex-parte applicant did not annexe the decision sought to be quashed or the proceedings of the Land Disputes Tribunal which were alleged to have been conducted in his absence-whether the deficiency robs the verifying affidavit of vital evidence-whether the orders sought can be granted in the absence of such evidence

Criminal Practice and Procedure-prosecutions-where the prosecution was conducted by an unqualified prosecutor-validity of the prosecution-Criminal Procedure Code (cap. 75), Section 85

Evidence-witnesses-where the complainant exaggerated his evidence-credibility of the complainant-validity of the conviction based on such evidence

FAMILY LAW – maintenance – petition for – where the parties were divorced and the petitioner sought maintenance from the objector – where the objector abandoned his family – factors the court considers in such applications – validity of order