[Ruling]-Civil practice and procedure-setting aside-application to set aside interlocutory judgment against the applicant-application on the ground that the deputy registrar should not have entered interlocutory judgment as the claim was not liquidated- further that the defendant having entered appearance was not served with the notice of formal proof -judicial discretion of the court in setting aside judgment-whether the judgment could be set aside on condition that the defendant would deposit the entire decretal sum into a joint interest earning account -order 9A rule 5

Criminal Law-theft by servant-appeal-conviction based on circumstantial evidence-whether there was sufficient evidence to uphold a conviction-Penal Code section 281

Evidence-circumstantial evidence-where the appellant had been convicted on the charge of theft by servant contrary to section 281 of the Penal Code (cap.63) based on circumstantial evidence-where the only inculpatory fact was that the money meant to be banked by the accused was never banked-ingredients, which must be proved to sustain a charge of theft by servant-validity of the conviction

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of robbery with violence and sentenced to death-grounds of appeal, inter alia, that the trial magistrate erred in both law and fact by convicting on the basis of inadequate evidence of identification-whether the evidence by a single witness was reliable-whether the evidence adduced was sufficient to secure a convict-whether the appeal had merit-Penal Code section 296 (2)

Evidence-witnesses-where on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code (cap.63) the investigating officer did not testify-whether failure by the investigating officer to give evidence in court prejudices the appellants

Criminal law - robbery with violence - appeal -appellants convicted and sentenced to death -appeal on the ground that the appellants had been convicted based on unsatisfactory identification evidence - duty of the first appellate court to reevaluate the evidence on record- identification evidence –where the circumstances under which the appellants were arrested connected the appellants to the robbery-recent possession- appellants also found in possession of  the stolen items soon after the robbery and no explanation given on how they came into their  possession- where all the ingredients of the charge of robbery with violence were established by the prosecution-whether the appeal was merited- Section 296 (2) of the Penal Code, Section 4(1) of the Firearms Act