Family law - divorce - petition for dissolution of a marriage contracted under the Marriage Act - petitioner alleging desertion - petition allowed,decree of divorce pronounced.

Criminal law - defence of provocation - section 208 of the Penal Code - meaning of provocation - An unlawful killing in circumstances which would constitute murder would be reduced to manslaughter,but only if the act which causes death is done in the heat of passion caused by sudden provocation - whether the defence of provocation was available to the appellant - It is a question of fact whether the accused in all the circumstances of the particular case,was acting in the heat of passion caused by grave and sudden provocation when the killing was done - accused person aged 13 years - The standard used in section 208 of the Penal Code is that of “ an ordinary person” - whether a 7 year-old (as the victim in this case was) is capable of provocation - Section 14(1) and (2) of the Penal Code

Criminal law - charge of murder reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code - one year old child defiled to death - accused person convicted on his own plea of guilty and sentenced to 15 years imprisonment - appeal against sentence on the ground that the appellant that is a young unmarried man; has young brothers and sisters depending on him; and had stayed in custody for a lengthy period before his trial appellant aged 17 at the time of the commission of the offence - whether the appellant should have been sentenced to a term of imprisonment for the offence - Children and Young Persons Act (repealed)- the inclusion of the sentence for the offence of defilement which was not part of the offence charged was clearly erroneous. The act of defilement was the cause of death and is subsumed in the substantive charge for manslaughter - In all the circumstances of the case,a sentence of 15 years imprisonment is neither harsh nor excessive - appeal dismissed.

Criminal law - robbery contrary to Section 296(1) of the Penal Code - accused person tried and convicted and sentenced to 5 years imprisonment,six strokes of corporal punishment and hard labour - conviction and sentence enhanced to death for robbery with violence under section 296(2) on first appeal - second appeal - state not supporting the conviction because the main witnesses had contradicted themselves and there was no positive identification - the first appellate court failed to reconsider the evidence,to evaluate it and draw its own conclusions in deciding whether the judgment of the trial court should be upheld - conviction unsafe - appeal allowed.

Criminal law - charge of robbery with violence contrary to section 296(2) of the Penal Code - that there is no law to the effect that in every case the arresting officer must come and testify. Such cases are confined to their peculiar facts and circumstances - at least one of the arresting officers ought to have been called to testify - the failure to call all or any of the three police officers who arrested the appellant some two months after the offence left an unbridgeable gap in the prosecution’s case and the appellant must have the benefit of that gap - conviction was unsafe and ought not to be allowed to stand.

Criminal law - charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code - two accused persons tried,convicted and sentenced to five years imprisonment - second appeal - failure by the prosecution to call certain witnesses - where a party fails to produce certain evidence,a presumption arises that the evidence,if produced,would be unfavourable to that party; this presumption is not confined to oral testimony but can also apply to evidence of tape recording which is withheld - allegation that the superior court denied the appellants their constitutional right to be represented by an advocate of their choice - no merit in the issues raised by the appellants - appeals dismissed.

[RULING] Civil procedure - Application for stay of execution pending the hearing and determination of the lodged and filed appeal - applicant having failed to comply with a condition imposed by the High Court upon granting a stay of execution - decree having already been executed - motion dismissed.

[RULING] Civil Procedure - application for stay of execution in an intended appeal from the judgment and decree of the High Court brought under rule 5(2) (b) of the Court of Appeal Rules - in the circumstances of this case it would be proper to order for the status quo to be maintained until the appeal is heard and determined.

Family Law-adoption-conditions for persons seeking adoption-Children’s Act, Part XII

[RULING]Land - dispute relating to a group ranch under the Land (Group Representatives) Act - action against managers of the group ranch alleging breach of trust - whether remedies of injunction or specific performance could issue against the government - Government Proceedings Act section 16 - whether proceedings against the Government under the Government Proceedings Act can lie or be instituted before the statutory notice has been given and expired.