When can an appellate court disturb assessment of damages on appeal - Can a litigant claim loss of expectation of life in respect of a minor?

[RULING] Civil Procedure - motion pursuant to sections 3 A and 79G of the Civil Procedure Act,Order XLIX rule 5 of the Civil Procedure Rules and Section 7ofthe Land Disputes Tribunal Act - prayer: leave to appeal out of time against the decision of the Funyula Land Disputes Tribunal,stay of execution pending the intended appeal - the Land Disputes Tribunals Act limits the time to appeal against a Divisional Land Disputes Tribunal to 30 days under S. 8 (1). The Act does not provide for extension of time to appeal. The Act does not also bar the court from exercising its inherent power to extend time - the Act did not attempt to oust this court’s discretion to exercise its inherent power to extend time to appeal

[RULING] Judicial review - motion seeking for orders of Judicial Review in the nature of certiorari to remove into this Court for quashing the proceedings and the decision of the Chief of Agenga Location - order LIII rule 3 of the Civil Procedure Rules - boundary dispute - whether the chief had any jurisdiction to entertain a boundary dispute - section 21(2) of the registered Land Act gives the Land registrar exclusive powers to hear and determine boundary disputes arising out of land registered under the Act - The Law did not vest such jurisdiction on a chief. The chief therefore heard and determined a dispute which he did not have a jurisdiction. In such a case certiorari will issue to quash a decision made without jurisdiction - motion allowed.

[RULING] Civil Procedure - application for stay of proceedings When can a court stay a suit or proceedings and for withdrawal of the suit and its transfer to another court - sections 6 and 18 (1) (a) of the civil Procedure Act and Order XXX VII of the Civil Procedure Rules - when a court can refuse to withdraw or transfer a suit - the court retains the inherent power to act suo moto to withdraw and transfer a suit

[RULING] Civil Procedure - taxation of costs - summons under paragraph 11 (4) of the Advocates (Remuneration) Order and sought to have time enlarged by 7 days to allow him give notice to the taxing officer to give reasons he based on while taxing the Advocates and client bill - considerations to be taken into account before extending time under para. 11 (e) of the Advocates (Remuneration) Order - discretion to grant an order for stay

[RULING]Civil Procedure - application for leave to file an action out of time - chamber summons brought under sections 27 and 28 of the Limitation of Actions Act - applicant stating that he had been pursuing an interlocutory application when the time to institute the action lapsed -This Court has a wide discretion to extend time to file an action out of time depending on the circumstances of each case as prescribed under section 27 of the Limitation of Actions Act - application allowed.

Appeal - children's law - custody and maintenance - access to the children - factors to be considered by the court

[RULING] Judicial review - application for an order of certiorari against the decision of the Busia SRM’s court adopting the award of Budalangi Land Disputes Tribunal - leave to institute judicial review proceedings is normally applied for ex parte in chambers. The applicant only needs to show the judge hearing the application for leave that he has a prima facie case. It must be remembered that even when the judge grants leave,there is nothing final about it. It is merely provisional. The adversary will have every opportunity of challenging the facts and the law afterwards at the substantive stage and the judge who tries or hears the substantive application must rule finally whether or not the exparte applicant has satisfied the conditions required to obtain exparte leave - under order LIII rule 2 of the Civil Procedure Rules leave shall not be granted if the leave is not made within 6 months from the date the decision is made - The record did not show that the statutory statement was filed and served upon the interested party. It is a mandatory requirement and failure to comply with it renders the whole motion incompetent.

Statutory power of sale - Section 74 (1) of the Registered Land Act when statutory power of sale accrues - Consequences of failure to issue a notice under Section 74 Registeres Land Act

Civl Procedure - Order L Rule 17 Order III Rule 9A Civil Procedure Rules and Sec. 3 (A) Civil Procedure Act - whether the defendant had passed away therefore nullfying orders obtained by his advocate after his death -