Criminal Law-robbery with violence-ingredients of the charge-whether all three ingredients need to be quoted in the particulars of the charge to make it valid-Criminal Procedure Code (cap.75), Section 296(2)

CRIMINAL LAW – prosecution – prosecution by unqualified person – effect of – applicable principles – whether the prosecution of a single witness by an un-qualified person renders the proceedings defective

[RULING]Succession - probate and administration - application for revocation of grant of letters of administraion for alleged concealment of material facts - mother and father of the deceased claiming that they were dependants of the deceased and had not been included in the grant of representation to the deceased's estate - whether the grant had been fraudulently obtained - whether the applicants were entitled to a provision for dependency.

[RULING]- Order 41 Rule 4 of the Civil procedure Rules - Seeking for an order for stay of all proceedings and execution of orders of the counter-claim until the intended appeal to the Court of Appeal is heard and finally determined - Seeking of orders to stay orders granted to the defendant on counter-claim until appeal is filed and determined - Proof of loss likely to be suffered if order sought is not granted - He who comes to equity must come with clean hands - Application dismissed.

Criminal Law - robbery with violence Section 296(2) Penal Code - appellants sentenced to death - prosecution - where prosecutor below the rank of assistant inspector appears for mentions of a case,whether this vitiates the proceedings - FINAL SUBMISSION SECTION 213 & 311 CRIMINAL PROCEDURE CODE

Criminal Law - robbery with violence - appeal against conviction and sentence of death - review and re-evaluation of the evidence by the first appellate court - whether the conviction was supported by the weight of the evidene adduced - Penal Code section 296(2)

Criminal law - stealing stock contrary to section 278 of the Penal Code - accused person convicted on his own plea of guilty and sentenced to imprisonment for 7 years - appeal - whether the sentence was harsh and the trial court had failed to take the appellant's mitigation into account - CRIMINAL PROCEDURE - plea taking - whether the plea was defective in that the charge was read to the appellant at a different time and facts taken later without the charge being read over.

Criminal law - Rape contrary to section 140 of the Penal Code - appeal against conviction and sentence of imprisonment for 5 years with hard labour - state counsel conceding the appeal on the ground that the proceedings before the lower court were conducted a police officer of the rank of Sergeant who was unqualified to prosecute - trial proceedings declared null and void - state seeking to have the case retried - circumstances in which a retrial would be ordered.

Criminal Practice and Procedure - conduct of prosecution - prosecution conducted by a person not qualified to be a prosecutor - prosecution conducted by a Police Sergeant - trial declared a nullity

[RULING]Civil Procedure - application for stay of proceedings and execution pending appeal - duty of applicant to satisfy the conditions for the granting of stay provided in the Civil Procedure Rules order 41 rule 4(2)