[RULING] civil Procedure - application seeking leave to further amend plaint - whether amendment is time barred - application allowed

Criminal law - obtaining money by false pretences - Penal Code section 313 - accused convicted and sentenced to serve one year imprisonment - appeal against sentence on the ground that the accused was not given the opportunity to offer a mitigation - an appellate court should not interfere with the discretion by a trial court of a sentence except in such case where it appears that in assessing sentence the trial Court has acted on some wrong - principle or has imposed a sentence which is manifestly inadequate or manifestly excessive - trial magistrate having failed to give the appellant an opportunity to give his mitigation - whether the fact that the appellant's family was suffering due to his confinement in prison would warranted an interference with the sentencing discretion of the trial court.

Criminal law - charge of robbery with violence - accused person convicted and sentenced to death - appeal - appellant's defence of alibi not considered by the trial court - case involving two accused persons - trial court believing the evidence of one accused person and not believing that of the other - appellate court finding no reason or reasonable explanation for the selective acceptance of the evidence - appellant's conviction improper.

[RULING] Judicial Review-certiorari-where the facts in support of the application for orders are contained in the statement accompanying the application and not in the verifying affidavit-whether this renders the application fatally defective-Civil Procedure Rules, Order 53, rule 1(2)

[RULING] Civil Procedure - application for extension of time provided for bringing a claim under Section 27 of the Limitation of Actions Act preliminary objection - applicant nevertheless praying for "leave to file suit against the government through the Attorney General" without making an express prayer for extension of time - objection to an application on the ground that the court lacked jurisdiction,that the matter was res judicata and that the application was fatally defective - whether there had been a previous suit in respect of the same cause of action.

Landlord and tenant - tenancy - landlord issuing notice of termination of tenancy under section 4(2) of the Landlord and Tenant (Shops,Hotels and Catering Establishments) Act for the reason that the landlord intended to demolish and reconstruct the premises - tenant seeking a mandatory injunction to issue to compel the landlord to accommodate him in a reasonable sized shop within the new building - whether such an injunction would cause hardship - specific performance is an equitable and discretionary remedy and it will not be granted where it will cause hardship to a party - whether the tenant was entitled to general damages for breach of the tenancy agreement.

Family law - marriage - presumption of marriage - application for a declaration of presumption of marriage and for dissolution of the marriage - application for maintenance - whether the parties had lived together and held themselves out as husband and wife - whether a presumption of marriage arose and whether any marriage existing should be dissolved - measure of maintenance for ex-wife and children

(ruling) Civil Procedure - application for review of judgement owing to errors on the face of the record - that under the provisions of Section 8(3)of the Law Reform Act Cap 26 Laws of Kenya, once the High Court has issued the orders of Mandamus,Prohibition or Certiorari,one cannot ask that court to review or set aside such an order but can appeal against the grant of such an order to the Court of Appeal - that an application for certiorari is fatally defective if the facts in support of the application are contained in a statement accompanying the application and not in the verifying affidavit.

Effect of not producing medical records - Proof of where injury took place - Burden of proof of fact alleged - Section 112 of the Evidence Act - What constitutes Secondary Evidence.

[RULING] Civil Procedure - application for leave to file suit out of time - Order XXXVI 3C (1) of the Civil Procedure Rules and Sections 26,27 and 28 of the Limitation of Actions Act - preliminary objection on grounds of res judicata and defect in the application - court has no jurisdiction to entertain an application based on a suit which is res judicata.