[Ruling] - LANDLORD AND TENANT – distress for rent – application for orders that the respondent be committed to civil jail for disobeying an order for injunction and attaching the applicant’s goods - factors to be considered in granting orders – validity of orders - Judicature Act (Cap 8) Section 5(1); Distress for Rent Act (Cap 293) Section 8; Civil Procedure Act (Cap 21) Section 3A and 63; Civil Procedure Rules Order XXI rule 28, and Order XXXIX rule 2A (2)

Criminal law - charge of robbery with violence - two accused persons convicted and sentenced to death - appeal challenging identification evidence relied on to enter a conviction - procedure in identification parades - Police Force Standing Orders on the conduct of identification parades - whether parade proper where the suspects had been shown to a witness after their arrest.

[RULING] Injunctions-interlocutory injunctions-principles governing the grant of injunctions by the courts

Land-charge-statutory power of sale-whether a statutory power of sale can be exercised where there is total failure of consideration-whether a statutory power of sale can be exercised to recover sums for which the charge was not created

[ruling] civil procedure - application for leave to file reference against taxation out of time; setting aside of taxing officers ruling: setting down application for fresh hearing - rule 5 of Order XLIX of the Civil Procedure Rules: power of the court to enlarge time - motion to extend time denied

(Ruling) Criminal Law - offence of murder - circumstantial evidence - whether blood found on the murder weapon can be liked to the accused - accused remains mere suspect where prosecution evidence leaves doubt as to the accused's guilt

[RULING] Civil Practice and Procedure-judgments-application to set aside an ex-parte judgment-conditions under which the court will exercise its discretion to issue the orders

[Ruling] - CIVIL PRACTICE AND PROCEDURE - pleadings – striking out – application for – applicant sought to strike out a defective affidavit – where the affidavit was argued to be defective – applicable principles – court discretion – validity of order - Civil Procedure Rules Order 12

[Ruling] Injunction - interlocutory mandatory injunction - circumstances in which a mandatory injunction will be granted - application for an injunction to restrain the respondent from using or interfering with the plaintiff's machinery and for delivery up of the machine to the applicant - grounds: that the machine had been leased to the respondent upon a contract for which the respondent had failed to pay any consideration to the applicant - Civil Procedure Act section 3A - Civil Procedure Rules Order 39 rules 1, 2, 3

Crime - rape - appellant tried, convicted and sentenced to seven years imprisonment with five strokes - appeal - prosecution found to have been conducted by a person not competent to be prosecutor - proceedings declared a nullity - matters the court will take into account in considering whether to order a retrial - court considering the 2 years and 9 months already served by the accused as sufficient punishment - court also considering the impropriety of subjecting a rape complainant to a retrial - accused discharged.

Criminal Procedure - sentencing - on charges of knowigly possessing and using a forged passport and knowingly possessing and using a passport with a forged endorsement - accused convicted and sentenced to concurrent sentences of 4 months on each count - whether trial court properly exercised its discretion in imposing a sentence - sentence found to be excessive - substituted with a fine for Kshs. 10,000 on each count.