Civil Law-appeal-appeal against the decision of the court to dismiss the application for review by the appellant-dispute involving land-where the applicant had been dissatisfied by the court's refusal to set aside an award given by a land tribunal-application for review of that decision being dismissed on grounds that the Judge erred in fact and law in finding that the matter was referred to the Land Dispute Tribunal under the Civil Procedure Rules-whether the applicant's grounds of appeal conformed with the provisions of the Court of Appeal Rules-Court of Appeal Rules rule 84(1); Civil Procedure Rules Order 45

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Criminal law - robbery with violence - second appeal against conviction and sentence of death -  trial court and first appellate court finding that the appellant had violently robbed the complainant of a motor vehicle - appellant's conviction based on evidence of recent possession of stolen property - whether there was sufficient evidence to support the conviction of the appellant - Penal Code section 296(2)

Criminal practice and procedure-robbery with violence-second appeal against conviction and sentence to death –second appeal restricted to matters of law.

Evidence-identification evidence-whether circumstantial evidence coupled with evidence of identification was sufficient to secure a conviction.

Criminal practice and procedure-sentencing-death sentence-where an accused person is convicted on more than one capital charge-proper practice is to sentence the person to death on only one count and the others in abeyance ,including any sentence of imprisonment-Penal code section 296 (2).

[Ruling] Civil Law transfer of suit- application for the transfer of Suit from the Chief Magistrates court at Milimani, Nairobi to the Chief  Magistrates Court at Mombasa for hearing and final disposal where the defendant argued that the contract was performed in Nairobi and the applicant admitted in his defence that the court at Nairobi had jurisdiction - case parties cannot even by consent give to the court jurisdiction which it does not have-whether the application could be allowed- Sections 3A, 15, 17 and 18 of the civil Procedure Act

Evidence-burden of proof-where the investigating officer reached the conclusion that the appellants were the thieves unless they gave an explanation to the contrary-whether such conclusion was legal and in line with the required standard of proof beyond reasonable doubt-validity of conviction of the appellants based not on the evidence adduced by the prosecution witnesses but rather based on his assessment of the failure by the appellants to explain their whereabouts when the theft occurred

[Ruling] Civil Law transfer of suit- application for the transfer of Suit from the Chief Magistrates court at Milimani, Nairobi to the Chief  Magistrates Court at Mombasa for hearing and final disposal where the defendant argued that the contract was performed in Nairobi and the applicant admitted in his defence that the court at Nairobi had jurisdiction - case parties cannot even by consent give to the court jurisdiction which it does not have-whether the application could be allowed- Sections 3A, 15, 17 and 18 of the civil Procedure Act

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