Civil Procedure and Practice - preliminary objection – locus standi – capacity of the plaintiffs to sue for the purpose of preventing public wrongs

Land – title - indefeasibility of title –Registration of Titles Act (cap 281) section 23

Land Law-Trespass-suit for a declaration that the land in question belonged to the plaintiff and the defendants were tress passers-where the land in dispute was a settlement area-where the evidence showed that the plaintiff had sold the land to the first defendant- whether the plaintiff had proved his case on a balance of probabilities

Tort-Damages- suit for damages arising from damage to residential houses on the plaintiffs parcel of land by the defendant- where the defendant denied responsibility-where the was a termination notice of the occupation licence which had not expired at the date of demolition-whether the plaintiff was entitled to damages for the loss she and her family sustained as result of the demolition- S.10, 42 and 78 of the Government Lands Act

Locus standi – rate payers – whether a rate payer has sufficient interest to challenge in court the action of a public body whose expenses he contributes

Judicial Review – public authorities – whether public authorities are accountable to a court of law for the lawfulness of their action

Land Law - Trust land –claim for where the transfer of a portion of land measuring 4½ acres out of 9.23 acres or thereabouts registered in the defendants name on the ground tat he held it in trust for the plaintiff-where the defendant was the uncle to the plaintiff-plaintiff sought to have the court declare that the defendant, brother to the plaintiff’s deceased father, held the suit property in trust for the plaintiff – the land in question was passed to them by the plaintiff’s late father–whether the plaintiff was entitled to get a piece of land from the defendant

Nuisance - public health – where a dwelling house is rendered unfit for human habitation by some nuisance – powers of a court under the Public Health Act (cap 242) section 120 (9) – nature of proceedings under the Act – effect of a closing order – how a court should exercise its jurisdiction under the Act.

Locus Standi – capacity to sue–– plaintiff seeking to prevent defendant from carrying out construction of a high-rise building on a park–– plaintiff alleging breaches of local government laws–– plaintiff suing in her own capacity–– whether plaintiff had locus standi to file the suit.

Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.

Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application – Civil Procedure Rules order VI rule 13

Locus Standi – capacity to sue–– plaintiff seeking to prevent defendant from carrying out construction of a high-rise building on a park–– plaintiff alleging breaches of local government laws–– plaintiff suing in her own capacity–– whether plaintiff had locus standi to file the suit.

Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.

Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action –
whether a party who has not been served with plaint can make such application – Civil Procedure Rules order 6 rule 13