[RULING] Civil Practice and Procedure-suits-dismissal for want of prosecution-where the suit is already set down for hearing and the delay has been explained in the affidavits-validity of the application

EMPLOYMENT – contract of – proof of - where there was a contract of employment in which the employees were entitled to receive owner occupier house allowance – employer cancelled the said allowance contrary to the agreement – effect of – whether this cancellation was unlawful

[Ruling] - CIVIL PRACTICE AND PROCEDURE - setting aside decree – where the judgment-debtor does not dispute the judgment or the decree thereof – instances in which a decree will be rendered void – time limit within which to apply for a decree after judgment is entered – whether the decree was executed within the time limit – validity of order - Civil procedure Act section 3A and section 63 (e)

[Ruling] – CIVIL PRACTICE AND PROCEDURE - striking out – application for – defendant sought dismissal of suit for want of prosecution – no affidavit was filed – effect of – where the defendant did not cite the enabling paragraphs of the rules – whether this is a fatal defect - Civil Procedure Rules Order 16, rule 5

[RULING] Civil Practice and Procedure-suits-locus standi-whether a suit which is filed by a person without locus to institute it can be subsequently validated by enjoining a party who has the locus

Probate and Administration-suits-whether a person can file suit on behalf of the deceased’s estate prior to obtaining a grant of representation

Civil Practice and Procedure - setting aside ex parte judgment - judgment entered in default of filing a defence within the prescribed time - ex parte judgment entered without an ex parte hearing taking place and without evidence being adduced - application to set aside the ex parte judgment dismissed - appeal - suit relating to a an action for trespass to land - whether the jurisdiction for such a suit was vested in the Land Disputes Tribunal - whether the trial court had acted without jurisdiction -  whether it was proper to give an order of eviction without hearing evidence - whether the trial court had erred in dismissing the application for setting aside its judgment - Civil Procedure Rules Order IXA rule 10 - Land Disputes Tribunal section 3(1)

JUDGMENT declaratory judgment application for applicant sought for declaratory judgment that the he is the lawful owner of the suit property where the application was not opposed effect of factors the court considers in such applications

INJUNCTION permanent injunction application for applicant sought to restrain the respondent from denying him peaceful enjoyment of the suit property - where the applicant is the registered owner of the property applicable principles validity of order

CIVIL PRACTICE AND PROCEDURE - judgment – setting aside – application for- applicant sought to set aside the judgment of a previous court on grounds that the court had nothing before it on which to base its decision – effect of – factors the court considers in such applications – validity of order

APPEAL – appeal against a decision of a land disputes tribunal – the tribunal was not properly constituted – where the dispute acted ultra vires – effect of – factors the court considers in such applications – validity of order - Land Disputes Tribunals Act section 4(1) and 8

[RULING] Civil Practice and Procedure-suits-application for dismissal for want of prosecution-where the application is brought by way of Chamber Summons rather than Notice of Motion-whether this renders the application incompetent