Criminal law - defilement - complainant a girl aged 13 years - accused convicted for the lesser offence of attempted defilement and sentenced to imprisonment for 10 years - section 145(1) of the Penal Code - appeal - EVIDENCE - appeal - first appeal - duty of a first appellate court to re-evaluate the evidence - whether the prosecution had established its case beyond reasonable doubt - whether the conviction was proper.

[RULING] Civil Practice and Procedure - stay of execution pending appeal - applicant stating that his appeal would be rendered useless if the stay was not granted - respondent opposing the application and averring that he would refund the decretal sum if the applicant's appeal was successful - principles the court will apply in such applications - matters which the applicant is required to establish to the court - Civil Procedure Rules Order XLI rule 4

[Ruling] Evidence-witness-evidence of a husband where the wife was charged with murder-whether the husband was a competent witness to testify in the circumstances of the case-factors to consider

Criminal law - creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95 of the Penal Code - accused person convicted and sentenced to imprisonment for two months - ingredients of the offence of creating a disturbance - accused person having uttered abusive and offensive words not amounting to incitement to violence - whether the accused person had committed the offence

Land Law-landlord and tenant-distress for rent-where a court order has been issued for the auctioneers to return the seized property but they have not complied-remedies available to the plaintiff

[Ruling] – SUCCESSION – intestate succession – persons entitled to the estate of the deceased – where some parties are dissatisfied with the mode of distribution of the estate - aplicable principles in determining such applications - Succession Act, Cap. 160

PRELIMINARY OBJECTION – where the orders sought were brought under the wrong provisions of law – whether such an error is fatal to the application – validity of orders

[Ruling] – CIVIL PRACTICE AND PROCEDURE - setting aside – ex parte judgment – factors to be considered in such applications – plaintiff’s suit was for dismissed for lack of prosecution – application to reinstate the same – validity of order

[Ruling] – FAMILY LAW – guardianship – application for the guardianship of a mentally challenged son – mother sought permanent custody and management of the incapacitated son and his affairs – father sought to be added as a party to the suit as an applicant - where both parents challenged the capability of the other in caring for the mentally challenged son – validity of order - The Mental Health Act (Cap. 248)