Contract law – contractual agreement – share contribution – an agreement to form a partnership for the purchase of a farm - where there was to be equal contribution towards the capital requirements - failure of the prospective partners to fulfill their pledges towards contribution – claim by the respondent to have contributed more money and that the excess contribution was to be accounted for in the form of enhanced share in the profits of the farm - respondent alleging that the registration of the farm took place without his knowledge –  claim for an order that the whole farm be subdivided in accordance with the capital contribution of each of the parties – whether the appeal had merit

Civil Practice and Procedure – succession – application for entitlement to participate in the administration of the estate of the deceased as a duly recognized executor, administrator or trustee together with other executors – preliminary objection – grounds that the suit was res judicata in that the matter in issue had been heard and conclusively determined in succession proceedings in respect of the estate of the deceased – whether the respondents were entitled to raise the preliminary objection of in the matter

Contract Law – sale agreement – breach of agreement – allegation that the respondents who were administrators of the deceased’s estate had offered to sell the appellant the suit land at an agreed price which would offset a loan advanced by Agricultural Finance Corporation (AFC) to the deceased – where the appellant had offset the said amount and took possession of the land – respondents later claiming return of the suit land and offering a refund of the amount after obtaining confirmation of the grant as administrators of the deceased estate – where the appellant rejected the offer – allegation by the respondents  that the agreement in respect of the same sale was void for lack of consent from the Land Control Board - whether the respondents were entitled to recover the suit land in the circumstances

Civil Practice and Procedure – time – application for extension of time within which to file for consent of the Land Control Board – where the land was in a controlled area - appellant  giving reasonable grounds for failing to obtain the said consent – breach of the law by the appellant by entering the suit land and remaining therein even after 6 months had expired and no consent had been obtained – whether the court could grant the extension of the order – Section 22 of the Land Control Act (Cap 302)

Employmet Law – action for general and specific damages for injuries sustained in the course of duty – where the appellant was an employee of the respondent – grounds that the respondent had not taken all reasonable precautions for his safety at the place of work and thus the appellant had been exposed to the risk of injury – application of the doctrine of Volenti Non Fit Injuria – whether the appellant had proved his case beyond reasonable doubt.

Contract- appeal against the High Courts decision allowing the respondents claim to have their additional increments of salary reflected in their final salary for purposes of calculating pension –ground; increments fell outside the provisions of the Pensions Act –duty of the court to enforce the bargain struck by the parties and not to thwart it- whether the respondents had a contractual right to have the additional salary reflected in the final salary.

Civil practice and procedure –appeal – claim by the appellant that suit was filed four months after leave to institute the action was granted – whether failure by the respondents to comply with the terms of the order for leave was fatal to the suit and the appeal.

Statutes-interpretation of statutes–what the courts should consider while interpreting statutes that deal with ordinary people in their daily lives – Pensions Act (Cap 189) section 10.

 Criminal Practice and Procedure - appeal - summary dismissal of an appeal – jurisdiction to summarily reject an appeal-circumstances in which the power is to be exercised – where an appeal raises issues not merely confined to the grounds that the conviction is against the weight of the evidence or the sentence is excessive - whether it would be proper to summarily reject such an appeal - Criminal Procedure Code section 353(2)

Criminal Practice and Procedure-appeal-second appeal-second appeal to adjudicate on matters of law only. 

Criminal Practice and Procedure-trial-need for trial court to record the language in which the proceedings were conducted

Criminal Practice and Procedure

- appeal-second appeal against conviction and sentence- appellant charged with robbery with violence – appellant arrested four months after the offence was committed-identification- whether the appellant was well identified- whether appeal could be allowed

Evidence

- prosecution witness – arresting officer-prosecution failing to call the arresting officer as a witness in the trial –circumstances where it is necessary to have the arresting officer testify- whether the evidence of the arresting officer would have changed the outcome of the trial

Criminal Practice and Procedure - appeal - appeal against conviction and sentence-appellant found guilty of murder but insane-appeal on the ground that there was no evidence to link the appellant to the offence-evidence-circumstantial evidence-whether the standard of proof had been met

Criminal Practice and Procedure - appeal-second appeal against conviction and sentence - appellants convicted of robbery with violence-duty of the appellate court to re-evaluate the evidence-identification of the appellants-whether there was enough evidence to sustain a conviction

Criminal Practice and Procedure - trial process-judgment-delivery of judgment on appeal-delay of two and a half years-factors to be considered by the court before interfering with such a judgment

Evidence – accomplice evidence-admissibility-corroboration of such evidence - credibility of witness - whether court to consider credibility of evidence before considering necessity of corroborating evidence –manner in which court should handle accomplice evidence – establishing whether the prosecution’s witnesses were accomplices