[RULING] Civil Practice and Procedure - taxation of costs - application by advocate for judgment on taxed costs against client - client stating that he had overpaid the taxed costs - whether the issue of whether the advocate had been paid the costs could be tried in the application - whether proper for advocate to institute a fresh suit.

[Ruling] – CIVIL PRACTICE AND PROCEDURE - applications – applicants sought to reinstate a suit and in the same application to bring on record a new advocate – effect of brining two separate applications as one – applicable principle – whether the court can hear both applications

[RULING] Criminal law - charge alleging 15 counts of murder - charges relating to an attack on Paradise Hotel in Kikambala,Mombasa by suicide bombers - prosecution alleging that the accused belonged to Al Quaida terrorist organisation and were involved in the renting one of the houses in Mombasa where the bomb used in the attack was assembled - mobile phone communications with an alleged co-ordinator of Al Quaida activities in Kenya the only evidence linking the accused with the planning and bombing - circumstantial evidence - meaning of circumstantial evidence - test that such evidence should satisfy before it can form a basis for a conviction - whether the accused who were not at the scene of the crime could be charged with murder - whether doctrine of common intention applicable - whether the prosecution had established a prima facie case against the accused.

Family law - divorce - petition for dissolution of marriage - statutory marriage under the Marriage Act - allegations of cruelty and desertion against the respondent - meaning of cruelty - respondent not entering appearance or filing an answer within the prescribed time - whether persistent neglect,excessive drinking,denial of conjugal rights,denial of emotional,psychological and moral support amounted to cruelty - whether conduct cannot amount to cruelty in law unless it has the effect of producing actual or apprehended injury to the complainant’s physical or mental health - whether petitioner had proved her case beyond reasonable doubt.

[RULING] Civil Procedure - interlocutory injunction - granting of an interim injunction is an exercise of judicial discretion - conditions for the grant of an interlocutory injunction.

[R U L I N G] Civil Practice and Procedure - The requirement for an application under Order 12 Rule 6 - In a claim under guarantee it is necessary for proof to be shown of the indebtedness of the principal debtor

Criminal law - charge of murder - duty of the prosecution to prove the death of the deceased and that it occurred due to the voluntary act or omission of the accused - onus to prove the charge beyond reasonable doubt is on the Prosecution and does not shift to the accused EVIDENCE - circumstantial evidence - when a conviction can be based on such evidence - test that such evidence should satisfy.

[RULING]Civil Procedure - application for an interlocutory injunction - principles for the grant of such an injunction.

Negligence - road traffic accident - claim for damages - apportionment of liability - measure of general damages for personal injuries: 32 year old male adult suffering a compression fracture of Thoracis Vertebra T6 resulting in paraplegia - general damages for pain,suffering and loss of amenities,loss of earning capacity - damages for loss of consortium is normally awarded on death of the wife.