Criminal law - murder - first appeal against conviction and sentence of death - killing having happened in a confrontation followed by the consumption of alcohol - intoxication - whether the circumstances disclosed the lesser offence of manslaughter - sentence of death substituted with a sentence of imprisonment for 15 years - Penal Code section 203, 204, 205

Criminal law - unnatural offence - sodomy - victim a child of 7 years - criminal practice and procedure - charge - manner of framing a charge for the offence - the charge should specify whether the offence is charged under section 162(a) or 162(a)(i) or (ii) - duty of the charge to give the particulars including reasonable information that the carnal knowledge was without the consent of the complainant - accused person having been sentenced to imprisonment for 20 years while the maximum punishment prescribed was 14 years - jurisdiction of a resident magistrate - whether the sentence was beyond the magistrate's jurisdiction - Magistrates' Courts Act section 4, 7 - Penal Code section 162(a)

Evidence - child or minor - evidence of a child of tender years - manner of receiving such evidence - duty of the trial court to inquire into whether the child witness understood the nature of an oath and the duty of telling the truth - whether the trial court had complied with this requirement - Oaths and Statutory Declarations Act section 19

Criminal practice and procedure - appeal deportation where the appellants counsel has since applied to regularize status where the prosecution insists the deportation order still stands whether the subordinate court had jurisdiction to interfere with the order issued whether the appeal was allowed.

Immigration act section 13(1) (g) and section 13 (2) (f); Alien Registration Act section 3(3); Alien Registration Order regulation 4(1)

Civil practice and procedure - appeal against the decision of the Board -

Auctioneer's act section 6

Contract-specific performance-sale of land-plaintiff sought an order to compel the defendants to specifically perform their part of the contract of sale- to sub-divide the plot and execute transfer forms in favor of the plaintiff, in respect of the portion which the plaintiff had paid the agreed consideration-where the defendants denied that the claim for specific performance was sustainable and indicated a willingness to refund the money which the plaintiff had paid as the contract between the parties had been altered by circumstances beyond their control-where the defendants were not in a position to comply with the obligation as they  did not have title to the plot in question-whether the court could grant an order for specific performance in vain

[Ruling] Civil Practice and Procedure-stay of execution-application for stay of execution of the decree where an appeal had been dismissed-  plaintiffs claim that decree arose from an award made by a tribunal which had on jurisdiction-where the trial magistrate had held that the issue regarding the tribunals alleged lack of jurisdiction could only be raised in the High Court-where it was not clear whether the applicant had raised the issue of jurisdiction in the appeal -whether the application was merited-Order 2 rule 7 of the Civil Procedure Rules section 7 of the Civil Procedure Act

Family Law-divorce-grounds of cruelty-marriage having been solemnized under the Marriage Act-marriage having two issues-issue of their custody and/or maintenance-whether the same parties can undergo a second marriage which is a different system of marriage and specifically a polygamous marriage system-whether there was a provision to convert a civil marriage into a customary marriage one-court jurisdiction- standard of proof in divorce proceedings-whether the petitioner established her case beyond balance of probability

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted of the main count of rape and an alternative count of indecent assault on a female-whether the evidence adduced was sufficient to sustain a conviction-whether the prosecution discharged its burden of proof-whether the appeal had merit-Penal Code section 140, 144 (1); Criminal Procedure Code section 169 (1)