[RULING] Civil Practice and Procedure-suits-transfer of suits-whether the high court has the power to transfer a suit filed in the high court-Civil Procedure Act (cap.21), Section 12 and17

[RULING] Civil Practice and Procedure-judgment-setting aside-where the applicant alleges that the suit was res judicata-jurisdiction of the court to set aside judgment-whether the res judicata is a triable issue-Civil Procedure Rules, Order IXA, rules 10 and 11

[RULING] - Civil Procedure and Practice - Application for stay of execution - Enlargement of time sought inorder to allow institution of Appeal - Effect of failure to comply with conditions of the court within the stipulated time.

Criminal law - defilement - defilement of a girl under the age of fourteen years contrary to section 145 of the Penal Code - accused person convicted and sentenced to imprisonment for 10 years with corporal punishment - appeal against conviction and sentence - EVIDENCE - first appeal - duty of a first appellate court to reconsider and re-evaluate the evidence afresh - prosecution relying solely on the evidence of the complainant to link the accused with the offence - whether the prosecution had proved its case against the accused to the required standard - SENTENCING - corporal punishment (the cane) - abolishment of corporal punishment - sentence of corporal punishment set aside.

Criminal law - defilement of a girl - charge sheet alleging unlawful carnal knowledge of a girl under the age of sixteen years - alternative charge of indecent assault on a girl under the age of fourteen years by touching her private parts - conviction on the main charge and sentence of imprisonment for ten years with hard labour - appeal against conviction and sentence - re-evaluation of the evidence by the first appellate court - whether the evidence supported the conviction - whether the sentence was proper - Penal Code sections 144(1), 145(1)

Evidence - child/minor - evidence of a child of tender years - evidence of a child of tender years need not be corroborated provided that the court is satisfied that the child is telling the truth - Evidence Act section 124

Burial dispute - Kipsigis customary law on burial - appellant/husband having been married to the deceased/wife under Kipsigis customary law - deceased later deserting the matrimonial home without having conceived a child - deceased conceiving out of wedlock and bearing three children with another person - deceased separated from the appellant at the time of her death but not divorced - whether the deceased having stayed away from her matrimonial home for a period of over thirty years, the appellant husband was under no obligation either under the Kipsigis Customary Law or morally to bury the deceased - proof of a custom - Evidence Act section 51

Jurisdiction - subordinate court - resident magistrate's court - whether such a court has jurisdiction to hear and determine a burial dispute - whether such a court can hear matters not specifically provided for in the Magistrates' Court Act section 2 - Judicature Act section 3(2) - whether the issue of jurisdiction could properly be raised on appeal - whether  the principles of substantial justice demanded that the court decide the case on merit without regard to technicalities.

[RULING] Civil Practice and Procedure-suit-striking out-where the application had been struck out owing to absence of the appellant’s advocate and absence of a certificate of delay-validity of striking out orders

[Ruling] - CIVIL PRACTICE AND PROCEDURE - pleadings - amendment of pleadings -where an application was made inter alia to strike out the respondents counter claim - applicant sought to abandon several prayers in the application - whether court should allow or disallow amendment  - Civil Procedure Act sections 3 and 3A and 63(e); Civil Procedure Rules Orders XVI rule 5, XXIV, XXV, and L rules 1 and 15

[RULING] Civil Practice and Procedure-transfer of suit-whether an order of transfer can be made where the suit has been filed in a court which has no jurisdiction to try it-Civil Procedure Act (cap.21), Sections 14,15,and 18; Magistrate’s Court Act, Sections 2, 3(2) and 5  

[RULING] Civil Practice and Procedure-injunctions-temporary injunction-where the first defendant has his offices in situ and has been using them for some time whereas the plaintiff has not undertaken any development on the suit property-whether a restraining order can be issued to restrain the first defendant from doing what it has always done without interference from the plaintiff-Civil Procedure Rules, Order XXXIX, rules 1,2,3, and 9-LAND LAW-ownership-where the plaintiff holds title to land which is maintained by the second defendant as a recreational park-validity of title