COMPANY LAW – winding up – winding up by petitioner – delay in filing opposing affidavit – application for extension of time – factors to be considered by court when extending time – The Companies (Winding Up) Rules, Rules 7 and 203, The Civil Procedure Rules Order XLIX Rule 5.  

Criminal law – murder – deceased boy of five found dead immersed headlong in a water tank – deceased having last been seen with his father, the accused – accused stating that the deceased had drowned while attempting to retrieve an item from the water tank – allegation that the accused had killed the deceased in order to benefit from an accident insurance policy in which the accused was the sole beneficiary - medical evidence adduced that the deceased’s death was consistent with both assault and drowning - High Court finding on circumstantial evidence that the accused was guilty of murder – sentence of death – appeal – re-evaluation and analysis of evidence by a first appellate court - Penal Code sections 203, 204

Evidence – circumstantial evidence – test to be applied by the court in case depending entirely in circumstantial evidence –witnesses – duty of the prosecution to call witnesses – inference that the court may make where the prosecution fails to call certain witnesses

Evidence – burden of proof – party on whom the burden of proof falls in criminal cases  - circumstances in which the burden of proof may be shifted to the accused – accused person being the last to be seen with the deceased before his death – whether the circumstances surrounding the death of the deceased were matters peculiarly within the knowledge of the deceased – whether the burden fell on the accused to explain the death of the deceased - Evidence Act section 111

[Ruling] – JUDICIAL REVIEW – application for- where the applicant sought orders of certiorari to remove a high court decision of the registration of accountant’s board – where the board had denied the applicant a practicing certificate without reason – applicable principles – validity of order

[RULING] Judicial Review-mandamus-principles under which the courts can issue an order of mandamus

Evidence-identification-light-factors the court should consider in deciding whether the light was sufficient to make positive identification

[Ruling] – INJUNCTION – temporary injunction – application to restrain the respondent from transacting in the suit property – where the applicant and respondent had entered into a transaction to transfer the land – applicable principles – whether the applicant established a prima facie case

LAND – caveat – application for a temporary order barring any registration to the suit property – factors court takes into consideration when granting such orders - Registered Land Act Section 128

[RULING] Civil Practice and Procedure-suit-setting aside-where the orders obtained only restrained the institution of judicial review proceedings and the proceedings have been instituted-validity of the application

[RULING] Land-title-whether a Land Disputes Tribunal has the jurisdiction to determine disputes over registered land