[RULING] Civil Practice and Procedure-suits-abatement-where the plaintiffs have since died and one year has passed without any substitution of the dead plaintiffs-whether the suit has abated-Civil Procedure Rules, Order XXIII, rule 3(2)

Appeal-criminal appeal-witchcraft-where the accused was convicted on his own plea of guilty-whether the guilty plea was unequivocal where the charge was read back to the appellant but he was not asked if the facts were correct and if he admitted them-SENTENCING-where the record does not show that the prosecutor sought to treat the appellant as a first offender or that the he had a chance to be heard in mitigation-whether the process adopted by the learned trial magistrate was irregular and invalid-Criminal Procedure Code (cap.75),section 207; Witch Craft Act (cap.67),section 6

Appeal-criminal law-assault causing actual bodily harm-pleas-steps to be followed when taking a plea of guilty from the accused-Penal Code (cap.63),section 251

Negligence-vicarious liability-where the second defendant being the  authorized driver of the first defendant drove the motor vehicle so negligently that it collided with a vehicle in which the deceased was a passenger-where the deceased sustained the fatal injury of a nail being lodged in his front skull and died on the way to hospital-where the deceased was a twenty seven year old butcher who was married with three children and supported his parents-where the second defendant was found guilty and convicted for causing the death of the deceased-whether the first defendant is liable for the negligent acts of his employee, the second defendant-quantum of damages awarded-Traffic Act, Section 46

CONTRACT – sale agreement – breach of – where the plaintiff entered into a sale agreement with the defendant for the sale of a house – the house was substandard and uninhabitable contrary to the agreement – effect of – factors court considers in such circumstances – validity of order

Landlord and Tenant - appeal against the decision of the Business Premises Rent Tribunal on an action by the landlord for vacant possession - landlord alleging that the tenant had failed to pay rent - relationship between landlord and tenant is of a commercial nature and unless otherwise agreed rent is payable on a monthly basis - whether the tribunal's decision was right in giving judgment in favour of the landlord.

Damages-quantum of damages-where the plaintiff sustained loss of seven teeth and a fracture of the jaw as well as damage to the legs necessitating walking with aid of a walking stick-where the only permanent disability is loss of teeth-where the plaintiff had been a plumber but was no longer able to work owing to the injuries and is thus unemployed and dependent on his wife-where the plaintiffs share of liability is ten percent-award of damages