[Ruling] Civil Procedure-parties to a suit-leave for third party notice to issue-ground that their claim lies as against the third parties-effect of-factors the court considers in such application-validity of order-Civil Procedure Rules Order 1 rule 14

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CRIMINAL PRACTICE AND PROCEDURE - grievous harm - accused persons charged and convicted of the offence - appeal against conviction and sentence - where the appellant attacked the complainant after finding him in a compromising situation with his wife - plea of self defence - where the appellant attacked the complainant first - plea of provocation - whether the appellant was justified in using so much force - Penal Code section 234

CHARGE - substituted charge - where the appellant claims that he was prejudiced by the courts decision to substitute the charge and proceed to hear it without giving him time to prepare a defence - where the appellant failed to ask for an adjournment - effect of - whether this omission invalidates the conviction

OATHS - where the appellant claims that he was prejudiced when the court stood down a witness for a period of time and continued taking evidence without re-swearing him - effect of - statutory provisions of swearing of oaths - whether the procedure used was fatal to the trial - Criminal Procedure Code section 151

SENTENCE - appellant was sentenced to seven years - where the appellant pleaded provocation - factors the court considers in such circumstances - whether the sentence of imposed was harsh and excessive under the circumstances

Constitutional law doctrine of separation of powers statute authorizing the courts to record confessions statements interpretation of the statute distinction between judicial and extra-judicial statements whether the statute law was unconstitutional for purporting to give the courts executive powers to investigate crime Evidence Act (Cap. 80) section 25A.

Evidence confessions confessions made in court law providing that a confession shall not be admissible unless it is made in court nature of the confessions envisaged to be made in court - whether judicial or extra-judicial confessions confession made before a Resident Magistrate suspect arraigned in the High Court on a charge of murder prosecution seeking to call the police officer present during the making of the confession objection to the admission of the confession whether the confession was inadmissible because the person who had made it, namely the Magistrate, was not called to prove it Evidence Act (Cap. 80) section 25A.

Statutes interpretation of statutes interpretation of the Evidence Act (Cap. 80) section 25A section providing that a confession is not admissible unless it is made in court nature of the confessions envisaged to be made in court under the section - whether the section was unconstitutional for contravening the doctrine of separation of powers by giving the courts executive powers to investigate crime.

Ruling]-Civil practice and procedure-review and setting aside- application for review and  setting aside of the order of arrest and committal to civil jail against the judgment debtor- application, finally seeks unconditional leave for the judgment where the decree-holder deposed that the application had been brought in bad faith and with the intention of delaying execution where there was no representation of the judgment debtor, hence the warrant of arrest-whether the orders could be set aside- Order 21 rule 32 (1) and (2), Order 44 rule 1 (1) (b) and rule 2 of the Civil Procedure Rules

[Ruling] Criminal Practice and Procedure-murder-no case to answer-where the accused was charged with murder-where the only evidence adduced was circumstantial-where there was no evidence adduced to link the injuries and the axe with the accused- where the prosecution failed to adduce medical evidence as to the deceased person’s cause of death-whether the accused could be put to his defence in the circumstances-Section 203 and 204 of the Penal Code