[RULING]Civil Procedure - application for an injunction to restrain the realization of a security upon a charge on the ground that the debits of the interest to the loan were illegal in that first,that the charge documents were not signed by the Defendant and,second,because there were two different securities which were to secure lendings at different times - application brought pursuant to the provisions of Order 39 rules 1,2,3 and 9 of the Civil Procedure Rules; Section 3A of the Civil Procedure Act; the court’s inherent jurisdiction; and all other powers and enabling provisions - whether the bank was entitled to realise the security. VEXATIOUS PROCEEDINGS - By virtue of section 2 of the Vexatious Proceedings Act the High Court is empowered to declare a person a vexatious litigant. However,such declarations would need to be made in applications made at the instance of the Attorney General. Secondly,the orders can only be made after the court grants the said person an opportunity of being heard,in such proceedings

[RULING] civil Procedure - application to set aside an order issued by the Deputy Registrar on an application for Notice to Show Cause why execution should not issue against the Application on grounds of improper service - application allowed

Criminal law - stealing by a person employed in the public service - Penal Code section 280 - hadling stolen property - section 322(2) - EVIDENCE - circumstantial evidence - when a court will base a conviction on circumstantial evidence.

Criminal law - attempted murder contrary to section 220(a) of the Penal Code - accused persons convicted and sentenced to life imprisonment - appeal - CRIMINAL PROCEDURE - change of magistrate - duty of a succeeding magistrate to inform the accused of their right to re-call witnesses for further cross-examination or to have the case started de novo - Criminal Procedure Code section 200(3) - trial court record silent as to whether that section was complied with - whether there was a fatal irregularity rendering the trial a nullity.

Defamation - Words uttered must be defamatory words - There must be publication of the alleged defamatory words to a third party - Alleged defamatory words if in another language,must be translated into the English Language - words making allegations of a defamatory character about a body of persons cannot be actionable by an individual member.

[Ruling]- Principles applied for setting aside exparte judgments - Requirements for notice issued for directions for appeal - Civil Procedure Rules Order XLI rules 8A and 8B(1)- Where an advocate holds brief for another - Matters of taxation - Where a client changes his address.

[RULING] Advocates-taxation of costs-where the applicant files a suit challenging the taxation in a separate action rather than within the original matter in which the taxation was done-validity of the application- Advocates Remuneration Order, Paragraph 11(4)

Criminal Appeal - Whether an appeal is based on point of law or on a point of fact - Whether an acquittal is proper is a question of law and not a question of fact - When there are teo versions of the evidence - Where the burden of proof in criminal cases lie -Criminal case to be based on weight of the actual evidence adduced - Trial court has a duty to consider evidence as a whole.

Criminal appeal - appeal against sentence to 3 years imprisonment for the offence of super market breaking and committing a felony contrary to Section 306(a) of the Penal Code - whether sentence excessive