[RULING] Civil Procedure - application under Rule 5(2)(b) of the Court of Appeal Rules for stay of execution pending the lodging,hearing and determination of an intended appeal from the ruling and order of the High Court - Before the Court can exercise its unfettered discretion in favour of the applicants,the applicants have to satisfy the court,among other things,that the intended appeal is arguable; that the appeal is likely to be rendered nugatory unless the order of stay of execution is granted and that the respondents will not suffer undue prejudice if the order of stay is granted.

Criminal Appeal - offence of robbery with violence contrary to section 296(2) of the Penal Code - identification by single witness - evidence of identification at night - how such evidence should be treated by the court

Criminal Law - Robbery with violence contrary to section 296(2) of the Penal Code - Rape contrary to section 140 of the Penal Code - Importance of giving the clear statutory definitions of the offence in the particulars of the charge - Elements that distinguish robbery under section 296(2) with section 295 - Importance of stating in the particulars of the charge whether the instrument or weapon was a dangerous or offensive one - Definition of an offensive weapon under Section 89(4) of the Penal Code - Proof beyond a reasonable doubt - Valid identification - The sentence of a rape offence under Section 140 of the Penal Code.

[RULING] Rules 80 and 82 of the Court of Appeal Rules - Circumstances where an order to strike out the Notice of Appeal will be granted.

[RULING] Application for an order to restore a case that was dismissed for non-appearance - Rule 99(3) of this Court of Appeal Rules - The time when an application for restoration should be filed - Advocate’s mistake being visited on the client.

[RULING] Rule 5(2)(b) of the Court of Appeal Rules - Application that order of execution of the decree given be stayed pending hearing - Advocate's fees - What may render the success of an appeal nugatory - When a decree is based on certificates of taxation.

Criminal law - charge of robbery with violence contrary to section 296(2) of the Penal Code - accused persons convicted for the lesser offence of simple robbery under section 296(1)- sentence of 14 years imprisonment,hard labour and 5 strokes of corporal punishment - one convicted person committed to a Borstal institution - appeal - convictions of the appellants solely based on the evidence of a single identifying witness - how court should treat such evidence - duty of first appellate court to reconsider the evidence and re-evaluate it before reaching its decision - case poorly investigated and prosecuted - dock identification unreliable - appeal allowed.

Criminal law - robbery with violence - accused person tried and convicted - first appeal dismissed - second appeal - CRIMINAL PROCEDURE - whether it is proper for a court,after finding that there was a confusion as to the dates of the alleged offence,to explain the confusion in the judgment rather than having the charge sheet amended and asking the accused person to plead to the amended charge - Criminal Procedure Code section 214 - whether this is an irregularity rendering the trial defective.

Criminal law - charges of robbery with violence and rape - accused tried and convicted on both charges - ingredients of the offence of robbery with violence - duty of the prosecution to choose and state which element distinguishes the case from a simple robbery - where the prosecution is relying on the element or ingredient of being armed,it must be stated in the particulars of the charge that the weapon or instrument with which the appellant was armed was a dangerous or offensive one - the test of whether an article can be described as dangerous or offensive is really the use or the purpose for which the person possessing it intends to put it to CRIMINAL PROCEDURE - form of a charge sheet for the offences of rape,abduction of girls under sixteen years,indecent assault on females,defilement and attempted defilement of girls under 14 years - the statutory definition of rape must be given in the particulars of the charge - charge not proper where it omits the word "unlawful"

[RULING] Civil Procedure - application to strike out and dismiss a notice of appeal - respondent having failed to lodge appeal within the prescribed time - no extension of time to lodge appeal sought and no Certificate of Delay obtained from the Registrar - under rule 82 of the Court of Appeal Rules the Notice of Appeal is deemed to have been withdrawn the respondents having failed to institute an appeal within the appointed time - application allowed.