Family Law - Land Law  - Trust law - Where shares are bought by a husband but registered in the wife's name - Where parties were married and later divorced -  Whether the law imputes to the husband and wife an intention to create a trust - Determination of ownership of shares of a company - Registration of shares - Whether title to land is obtained fraudulently - Whether purchaser is one for value without notice - Standard of proof in civil cases.

[RULING] Appeal-stay of execution pending appeal-whether the court hearing the application for stay has the jurisdiction to consider whether the appeal has a high chance of success-considerations of the court in granting orders of stay-Civil Procedure Rules, Order 41, rule 4

[Ruling] – CIVIL PRACTICE AND PROCEDURE – discovery – objection to the production of documents listed by the respondent – where the person producing the documents is not the maker – getting the maker of he document would be extremely difficult and costly – effect of – applicable principles – whether the court can allow production of documents by another person where the maker is available - Evidence Act section 35

[Ruling] – CIVIL PRACTICE AND PROCEDURE – suit – dismissal of – application for dismissal of suit for want of prosecution – where the plaintiff has not prosecuted the suit for a long period – effect of – factors the court considers in such applications – validity of order – Civil Procedure Rules Order 16 rule 5

[Ruling] Civil Practice and Procedure – appeal – injunction – application for an injunction pending appeal – injunction sought to restrain the respondent from demanding or receiving any loan repayment from the applicant and from applying interest, penalties, charges and commissions or other fees pending appeal – applicant arguing that he had an arguable appeal – matters which an applicant for an injunction pending appeal is required to establish - Court of Appeal Rules rule 5(2)(b)

Civil Practice and Procedure – ex parte orders – setting aside ex parte order – appeal from a decision of the High Court refusing to set aside an ex parte order – judicial review – ex parte order giving leave to apply for an order of certiorari – matters that the court will consider in deciding whether to grant such leave – consideration of whether there was an arguable case to be made without going into the merits of the case - whether the High Court has jurisdiction to entertain certiorari proceedings taken our in respect of the decisions of the Industrial Court – whether proceedings in the Industrial Court are civil proceedings - Constitution section 65 - Trade Disputes Act section 17(2) – Civil Procedure Rules Order 53

Probate and Administration- intestate succession – appeal – putative wife of the deceased seeking letters of administration to the deceased’s estate – High Court finding that she had not proved the alleged marriage and that she was in a state of monogamous marital union with a person other than the deceased - court dismissing her objection to the granting of letters of administration the children of the deceased – putative wife seeking  review of the judgment on the ground that she had come upon new and irrefutable evidence that she had been legally divorced from the other person before re-marrying the deceased – court rejecting the application on the grounds that the evidence was not new, that the marriage to the deceased had not been proved and that the decree sought to be reviewed was not annexed to the application – appeal -appeal from a decision of the High Court made in exercise of its discretion – matters an appellant need to establish before the Court of Appeal will interfere with such a decision – whether the presumption of marriage was applicable in the appellant’s favour – scope, origin and the application of the presumption of marriage - Law of Succession Act section 2(1); Probate and Administration Rules rule 17; Civil Procedure Rules Order 44

[Ruling] Civil Practice and Procedure – appeal – injunction – application for an injunction pending appeal – injunction sought to restrain the respondent from advertising or selling the suit pending the hearing and determination of an intended appeal – land having been sold to a third party – whether the injunction sought could issue in such circumstances - Court of Appeal Rules rule 5(2)(b)

JUDICIAL REVIEW application for applicant sought orders of review against the town clerk of Mandera where the applicant was a former employee of the respondent applicable principles whether the applicant established a prima facie case

CIVIL PRACTICE AND PROCEDURE - setting aside – setting aside of interlocutory orders – application for – where the previous court had granted the respondent interim orders – applicable principles – factors the court considers in such applications – validity of order