Criminal practice and procedure-appeal-appeal against conviction and sentence-appellants were convicted of robbery with violence and sentenced to death-whether the evidence adduced could secure a proper conviction-whether the identification of the appellants was proper in the circumstances of the case-where the trial magistrate dismissed the defence evidence as general denials-whether the appeal had merit-Penal Code section 296 (2)

RULING] CIVIL PROCEDURE- Summary judgment- application to seek summary judgment by the plaintiff against the defendants- where defence issued was a sham and disclosed no triable issues- where there was a sale agreement between the parties- where plaintiffs claim was liquidated as defendants defaulted in paying- application opposed on allegations of fraud- where defence raised triable issues as alleged by the defendant- whether fraud as alleged by the defendants is a triable issue- whether application was allowed

Civil Procedure Order 35 Rules 1 (1) (a), (2) and (3); Civil Procedure Act Section 3A

[RULING] CIVIL PROCEDURE- Joinder- joinder of parties-application to have the 3^rd party enjoined to the suit- where the 3^rd party acted in the interests of the defendants- where 3^rd party acted for the defendants- where sale of property was the subject matter -application opposed on grounds of the dispute between the plaintiffs and the defendants and the third party was not the same subject matter- allegations of professional negligence- whether subject matter was the same as between the plaintiff and defendant and defendant and third party-whether the 3^rd party was enjoined to the suit- whether application was allowed

Civil Procedure Rules Order 1 Rule 14,18

Criminal practice and procedure-appeal-appeal against conviction and sentence-where the state counsel conceded to the appeal on grounds, inter alia, that the language of the court had not been recorded during trial-whether the conviction against the appellant was valid-Penal Code section 296 (2); Constitution section 77 (2); Criminal Procedure Code section 198

Evidence-witness-evidence of a single witness-conviction upon such evidence-where the trial magistrate failed to warm himself of dangers relying on evidence of a single witness-effect of-whether safe to uphold a conviction based on such evidence

Constitutional law-rights of the accused-violation of-where the appellant had been detained for a period of 30 days- Constitution section 77 (3)

Criminal practice and procedure-appeal-appeal against conviction and sentence-where the appellant was charged and convicted on the offences of robbery with violence and rape-whether the evidence adduced before court was sufficient to secure a conviction-whether the issue of violation of the rights of the accused could be entertained at the appeal stage-whether the appeal had merit-Constitution section 72 (3); Penal Code section 296 (2)

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[Ruling] Civil Practice and Procedure -transfer of suit-application for transfer of the suit from the subordinate court to the high court-application on the ground that the defendant had a counter claim which amount was way beyond the jurisdiction of the lower court- where the Plaintiff would not have suffered any prejudice - whether the application could be allowed -section 18 of the Civil Procedure Act, sections 3, 3A and 18 of the Civil Procedure Act and Orders 6A rule 3, 6; Order 8 rule 2, Order 49 rule 5

Evidence-identification-complainant did not know the appellant prior to the occurrence of the crime-no evidence as to how the complainant described the appellant to the police-no identification parade conducted to confirm the identity of the appellant as the perpetrator of the crime-validity of the identification evidence and subsequent conviction and sentencing of the appellant

Criminal practice and procedure-appeal-appeal against conviction and sentence-where the appellants had been charged with robbery with violence and convicted accordingly-where evidence of recognition by a single witness was relied on and the appellants defence was not considered-whether the evidence was sufficient to secure a conviction-whether the appeal had merit-Penal Code section 296 (2)