(ruling)Civil Procedure - Order 35,Rules 2(1),4,7 and 10 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act - application to set aside ex parte judgement - applicant alleges lack of notice of the ex parte proceedings by way of service - the court's discretion to set aside ex-parte judgements - factors to be considered in exercising this discretion - that court must deny motion to set aside ex parte judgement where the adverse party has been indolent

civil procedure and practice - application for interlocutory injunction - establishing prima facie case with chances of success - res judicata - that a matter is not res judicata when relief sought is different from that of previous suit

Criminal Appeal - offence of malicious damage to property contrary to section 339 (1) of the Penal Code - prosecution to prove an element of malice and the fact that there was existence of property which - whether sentence of a fine of Ksh.8,000/= and in default 1 year in imprisonment excessive

Criminal law - charge of murder - case hinging exclusively on circumstantial evidence - test to be applied to such evidence in order for it to form a basis for conviction - duty of the prosecution to show that the facts presented before the court inevitably lead to the inference of the guilt of the accused,and that there is not and cannot be any reasonable doubt that the Accused could be innocent.

[RULING]Civil Practice and Procedure - application for a mandatory injunction to compel the release of a motor vehicle - vehicle allegedly attached and detained without a court order - whether defendant had legal authority to attach and detain the motor vehicle.

[RULING]Civil Practice and Procedure - plea of res judicata - defendant alleging that the dispute had previously been determined by a District Land Registrar,Land Disputes Tribunal - whether plaintiff had sworn a false verifying affidavit and failed to disclose material facts - whether plaintiff's suit res judicata.

[RULING] Civil Practice and Procedure - application for stay of execution.

[ruling] civil procedure - costs - application under Rule 11 of the Advocates (Remuneration) Order,challenging decision of the taxing officer - Affidavits - whether affidavits not drafted in the first person offend Rule 5 of Order 18 of the Civil Procedure Rules - that there is no requirement under Rule 11(2) of the Advocates (Remuneration) Order for any affidavit to be filed in support of chamber summons - PRELIMINARY OBJECTION - meaning of preliminary objection