Criminal law robbery with violence order- appeal against conviction and sentence of death - loss of court record - appeal not heard for 13 years- the file went missing during the pendency of the appeal- principles to guide the court in instances where the case file has been lost or is missing- matters the court will consider in deciding whether to acquit the appellant whether the appellants conviction could be quashed -Penal Code section 296 (2) section 77 and 84 (1) of the Constitution

[Ruling] Civil Practice and Procedure –setting aside-application to set aside the warrants of attachment and sale and to have the execution levied declared null and void – where the execution levied against the Plaintiff’s property was done while there existed orders for stay of execution which were still in force-where no decree had been drawn and approved as provided under Order 20 Rule 7 (2) of the Civil Procedure Rules-whether  the certificate of costs was an executable instrument- whether the execution for costs and the issuance of the warrants of attachment and sale were irregular, null and void - Order 21Rule 18 of the Civil Procedure Rules

[Ruling] Civil Practice and Procedure –setting aside-application to set aside the warrants of attachment and sale and to have the execution levied declared null and void – where the execution levied against the Plaintiff’s property was done while there existed orders for stay of execution which were still in force-where no decree had been drawn and approved as provided under Order 20 Rule 7 (2) of the Civil Procedure Rules-whether  the certificate of costs was an executable instrument- whether the execution for costs and the issuance of the warrants of attachment and sale were irregular, null and void - Order 21Rule 18 of the Civil Procedure Rules

[Ruling]-Civil practice and procedure-enlargement of time-application for leave to file appeal against a decision of  the lower court out of time-application opposed on the ground there was an application for review in the subordinate court which was still pending and was yet to be heard and determined a fact which was not denied-party’s choice between seeking an order for review and preferring an appeal-whether a party who has chosen to file an application for review of a decision can also file an appeal against the same decision-Section 79 G of the Civil Procedure Act, Order 44 rules 1 (1) and (2), Orders 49 and 50 of the Civil Procedure Rules

Civil Law Summary Judgment appeal against decision of trial magistrate granting summary judgment to the plaintiff applicant stating that matter should have gone for full trial principles governing grant of summary judgment validity of order Civil Procedure Rules, order 35 rules 1, 2

[Ruling]-Criminal practice and procedure-appeal-appeal against conviction and sentence-where the appellants had been charged with the offence of maliciously administering poison to harm-preliminary objection-whether the appellants could lodge a joint petition of appeal in criminal matters-validity of the application-Penal Code section 206; Criminal Procedure Code section 357