[Ruling] - CIVIL PRACTICE AND PROCEDURE-setting aside-an application for the setting aside of a dismissal order of the applicants application which was dismissed for non-attendance-where the non-attendance was due to the mistake of the applicant’s advocate –claim by the applicant that it was in the interest of justice that the dismissal be set aside and the application be reinstated for hearing-application opposed on the ground that it had been brought under the wrong provision-whether the application was merited- Order 9B rule 8 and Order 20 Civil Procedure Rules

Land law - eviction -

[Ruling] Family Law-probate and administration-grant-protest over the issuance of grant-claims that it should be divided in two equal shares amongst the two household-deceased having had two wives-one wife being deceased-surviving widow purporting to distribute the estate to the sons and not the daughters-claims that all the daughters were all married and did not wish to take any inheritance-effect of-applicable principles-validity of order

Family Law-probate and administration-estate of the deceased-applicant claiming parcel of land known as Ngandori/Kiriari/2700 by virtue of adverse possession and by having purchased it-there being no dispute about the purchase of land by the applicant-whether the Applicant has been in possession of the land for a period exceeding twelve years continuously without interruption and or without force

.

[Ruling] Civil practice and procedure-injunction-application for injunction restraining the defendants from interfering in any manner with the suit property pending hearing and determination of the suit-whether the application had merit-Registered Land Act sections 30, 64 9(2); Succession Act sections 35, 37

Family Law-probate and administration-grant-confirmation of grant of letters of administration issued-protest against the confirmation of that grant-where the parties had been ordered by consent that the issue of distribution of the estate of the deceased be referred to the District Commissioner, Nyeri for arbitration to be presided over by the District Officer-parties having been unable to agree on the mode of distribution of property-where the female beneficiaries had been sidelined-effect of-factors the court considers in such applications-whether the objectors proved their case

Insurance law-insurance policy-suit for the enforcement of a contract of insurance-appeal against decision of the trial court for entering judgment on uncontroverted evidence-where the insurance policy was not tendered in as evidence-whether the appeal had merit-Insurance (Motor Vehicles Third Party Risks) Act sections 5, 10