Civil Practice and Procedure-contempt proceedings-where the application for contempt is made under Order XXXIX, rule 2A(2) of the Civil Procedure Rules and does not comply with the mandatory provisions of section 5 of the Judicature Act (cap.8) and Order 52 of the Rules of the Supreme Court of England-validity of the application

[Ruling] civil practice and procedure-setting aside –application for setting aside  proceedings on the ground that the plaintiff had no capacity to file an application in person while his advocate was on record-where it was the plaintiffs contention that the issue of representation was being raised after proceedings in a suit had been heard-where there was no order by the court that the advocate on record had ceased to act nor a notice of change of advocates-whether it was competent for the plaintiff to have filed the application-whether by raising issues later in the proceedings was prejudicial to the litigants

Civil practice & procedure-review-application for review-where there was no attachment of the copy of the decree or order on the application –whether the application for review was competent .Civil procedure Act section 3A, Civil procedure rules order 3 rule 3,12,Order 44 rule 1.

.

[Ruling] - CIVIL PRACTICE AND PROCEDURE-dismissal appeal-application to dismiss the appeal for want of prosecution where the appellant had failed to file a Record of Appeal and had failed to comply with the order of the court where the appellant/respondent failed to give a satisfactory reason for not moving the appeal process in time-whether the appeal could be dismissed- Order 41 rule 31 and Section 3A of the Civil Procedure Act

Criminal Practice and Procedure- Robbery with violence -appeal- appeal against conviction and sentence- appeal on the ground that the trial court erred in law and fact as regards identification of the appellant as a culprit and further that the evidence by the prosecution was contradicting-where there the offence was committed during the day and hence identification was not an issue-further the evidence of identification was not by a single witness-whether the appeal was merited- 296 (2) of the Penal Code

Criminal Practice and Procedure- murder -appeal- appeal against conviction and sentence- the appellants claimed that there was no corroborating evidence for PW1’s identification –further that the identification parade at which the appellants were identified did not meet the required standards -established principle of law that certain safety measures have to be taken to ensure reliability and safety of evidence, as a basis for conviction, where visual identification is concerned-where the prosecution failed the test at the level of identification-both appellants had  solid alibis-proof beyond reasonable doubt had not been achieved in respect of either of the appellants-whether the conviction could be quashed under the circumstances- s.296(2) of the Penal Code

CRIMINAL LAW- robbery with violence-where the accused persons had purported to rob the complainant of his taxi after posing as his passengers-appellants contend that the complainant could not see their faces properly rendering the identification invalid - where the ordeal took place for over an hour-where it emerged during the prosecution that the two appellants had previously robbed the complainant but that eh complainant had not pressed charges-evidence of recognition-effect of - whether the prosecution procved its case beyond the shadow of a doubt - Penal Code section 296(2)