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Judicial Review

CRIMINAL PROCEDURE- Appeal- appeal against sentence of 3 years- appellant charged with burglary- where trial magistrate recommended probation before sentence- allegation that there was no basis for probation report- where no probation report on record produced in court- whether appeal was allowed

Penal Code Section 304(2)

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Civil practice and procedure-appeal-appeal against a decision of the court dismissing a suit for damages in a road traffic accident-plaintiff having been on board the first respondent’s car as a fare paying passenger at the time the accident occurred-claims that the accident was wholly due to the negligence of the first respondent-first respondent having been an employee of the second respondent at the time the accident occurred-vicarious liability-trial magistrate finding that the appellants failed to offer sufficient proof of ownership of the vehicle-whether the appellant proved on a balance of probabilities that the 2nd respondent was the owner of motor vehicle

Criminal practice and procedure – appeal – appeal against conviction and sentence to death for the offence of robbery with violence –among other grounds that conviction was based on a single identifying witness – duty of the court to warn itself against such evidence – whether the evidence adduced during the trial was sufficient to hold a conviction t – whether the appeal had merit –Penal Code section 296 (2)

Land law-adverse possession-application for a declaration of adverse possession-defendant failing to enter an appearance-plaintiff having got vacant possession of the suit property when the deceased owner died-effect of-factors the court considers in such application-validity of order-Limitation of Actions Act section 38(1)

[RULING] PROBATE AND ADMINISTRATION- Grant- application for the revocation of letters of administration- two succession causes had been filed in respect of suit estate- applicant filed subsequent cause and respondents not included- where grant had been confirmed and gazetted- where suit premises were transferred and registered in the respondents’ name- where respondent had lawful and recognizable interest in the estate- doctrine of priority- application opposed on grounds of fraud and abuse of process of court- whether applicant was entitled to suit property 

Law of Succession Act section 66, 76; Probate and Administration Rules rules 44, 73

Civil Law-Land Tribunal Act section 3(1)

Land-family land-appeal-appeal against decision of the Provincial land Disputes Appeals Committee-grounds of appeal, inter alia, that the Appeals Committee had no jurisdiction to adjudicate over the matter and that it erred in law in overturning the Divisional Land Disputes Tribunal award without any legal basis-whether the Appeals Committee had jurisdiction to adjudicate on a claim based on trust, and to order the partitioning of the suit premises-whether the appeal had merit-Land Disputes Tribunal Act sections 3 (1), 4