Civil Practice and Procedure - summary judgment - principles the courts will apply in applications for summary judgment - onus on a defendant to satisfy the court that he is entitled to leave to defend the suit - defendant expected to do more than merely state that he has a good defence - duty to demonstrate a genuine or arguable defence - mere denial of the claim not sufficient - where the plaintiff seeks both a liquidated and an unliquidated claim - whether summary judgment is available to such a plaintiff - Civil Procedure Rules Order 6 rule 13(1)(a); Order 35 rules 1, 2

Damages - special damages - duty of a claimant to plead and strictly prove special damages.

Election petition – ballot papers – defect in ballot papers – parliamentary elections – ballot papers showing the wrong political party symbol against the name of a candidate – mistake discovered on the eve of the polling day - Electoral Commission postponing the elections for the affected constituency – affected candidate informing the Commission that he had “resigned” and that the election may continue – Electoral Commission canceling the postponement – delay in the delivery of ballot papers - whether the error on the ballot papers and the delay were curable defects - whether the elections were free and fair – whether the Electoral Commission had fulfilled its duty -  Constitution section 42A(2) – National Assembly and Presidential Elections Act (Cap. 7) section 28 - Presidential and Parliamentary Elections Regulations regulation 19.

Civil Practice and Procedure – costs – party and party costs – costs of a dismissed election petition - duty of a court to make a specific order as to which party or parties would meet the costs of the petition.

[Ruling] Civil Practice and Procedure appeal application to strike out notice of appeal and appeal duty of the appellant to serve every interest party with the notice of appeal consequences of failing to serve the notice on a party - Court of Appeal Rules rule 76(1)

CIVIL PRACTICE AND PROCEDURE – judicial review – mandamus and prohibition – application for review of orders of the court on the grounds that the court made an error on the face of the judgment in granting a stay to the respondent – where the stay order was so wide it granted the respondents more powers than they sought - effect of – factors the court considers in such applications – validity of order

Criminal law - robbery with violence - second appeal against conviction and sentence of death - Criminal Practice and Procedure - change of trial magistrates - where a succeeding magistrate takes over a hearing when part of the evidence has been recorded by the preceeding magistrate - whether the succeeding magistrate had complied with the Criminal Procedure Code section 200(3) - whether the evidence of the identification of the apellants was reliable - Penal Code section 296(2)

Evidence - identification evidence - evidence of a single identifying witness - how a trial court should treat such evidence

Criminal law - robbery with violence - two accused persons convicted in a subordinate court and sentenced to death - second appeal - appellants arguing that the charge as laid did not disclose an offence - nature of the offence of robbery with violence - ingredients of the offence - whether the trial court and first appellate court had properly analysed the evidence and arrived at proper conclusions - Penal Code section 296(2)

Evidence - recent possession - application of the doctrine - accused persons having been found with property soon after it had been stolen in a robbery - presumption arising that the accused were robbers if they failed to give a reasonable explanation as to how they had come to being possession of it - Evidence Act section 119

Criminal law - stealing postal matter - second count of tampering with international transit parcel bags and stealing therefrom - accused person charged with stealing transit mail parcels -  court entering a conviction on the second count and sentencing the accused to imprisonment for four years - second appeal against conviction and sentence -  evidence - duty of a first appellate court to reconsider the evidence, evaluate it and draw its own conclusions - failure by the High Court to submit the evidence recorded by the trial court to an exhaustive examination - state conceding the appeal on the ground that there remained a doubt as to the guilt of the appellant - whether the conviction of the appellant was proper - Penal Code section 277

[Ruling] Civil Practice and Procedure - appeal - application for striking out appeal - grounds: for failure to take an essential step in the process of appeal - that the Deputy Registrar, in approving an order, had not complied with the Civil Procedure Rules Order 20 rule 7 - whether the drawing up of an order in the High Court is an essential step in the process of appeal - all that rule 85(1)(h) requires is that there be in the record a certified copy of the order; the rule does not say that the certified order must have been drawn in accordance with Order 20 rule 7