[RULING] Civil Practice and Procedure-revival of suits-whether a legal representative can apply for an order for revival of a suit, which has abated-Civil Procedure Rules, Order 23, rule 8 (2)

[Ruling] CIVIL PRACTICE AND PROCEDURE suit application to reinstate an abated suit where the plaintiff of the original suit died and a second plaintiff was not substituted in time effect of court discretion applicable principles where the applicant did not sufficiently explain the delay whether the applicant proved his application on a balance of probability - Civil Procedure Act section 3A; Civil Procedure Rules Order 23 rules 1, 8(2) and 12; Order 6A rule 3

[Ruling] Civil Practice and Procedure -stay of execution - application for the setting aside of execution proceedings pending the hearing and determination of a proposed appeal - grounds: that since the costs of the suit had not yet been ascertained, execution could only be levied with the leave of the court under the Civil Procedure Act section 94 and that as the applicant intended to appeal, it would be prejudiced if the execution was allowed to proceed - whether where summary judgment is awarded, execution should follow even before the costs are determined - Civil Procedure Act sections 63(e); 94; Civil Procedure Rules Order 21 rule 22(1); Order 41 rule 4; Order 35 rules 1(1), 5; Order 50 rule 1

Sentencing-reduction-where the appellant had been sentenced to ten years imprisonment on each of two counts of being in possession of a firearm without a firearm certificate-where the appellant has served three years, was a first offender, and submits that he is diabetic and suffers from tuberculosis-whether the court should review the sentence

CRIMINAL LAW drug trafficking offence of appeal against sentence where the accused was convicted on various counts and the sentences were to run concurrently sentence manifestly harsh factors the court considers when changing sentences - Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994 section 4(a)

CRIMINAL LAW - robbery with violence offence of accused persons were charged and convicted of the offence of - Penal Code (Cap. 63) section 296(2)

EVIDENCE identification parade ingredients of accused claimed that the identification parade was carried out irregularly where the witness identified the accused a day after the incident whether such identification is sufficient for a conviction

EVIDENCE recovery where the weapons that were used in the robbery were recovered on the co-accused and not the accused person effect of whether this weakens the prosecutions case

EVIDENCE alibi defence of where the accused persons defence places him at the scene of the crime effect of whether this is enough to convict

Sentencing-leniency-where the appellant was sentenced to nine years imprisonment for defilement of a girl under the age of sixteen years-validity of the sentence

Criminal law - defilement of an imbecile - appeal against conviction and sentence of imprisonment for fourteen years with hard labour - re-evaluation of the evidence by the first appellate court - whether the prosecution had adduced sufficient evidence to support a finding of guilty -  whether the sentence should be reduced - Penal Code section 146