Civil Procedure – abatement of appeal – death of appellant – no application made to substitute the deceased appellant under the Court of Appeal Rules rule 96 – appeal and motion seeking the striking out of the appeal deemed to have abated.

[Order] Civil Procedure – dismissal of appeal for non-attendance of the appellant – Court of Appeal Rules rule 99 – appeal having been adjourned several times previously – court finding no good reason to adjourn the appeal further – appellant to have a remedy to apply for the restoration of the appeal under rule 99(3) – appeal dismissed.

[RULING] Criminal Practice and Procedure-murder-where the description of the man who fired the fatal shot does not fit the accused and his official firearm is recorded as not having been used at all since its renewal two days prior to the murder-whether the prosecution has proved its case beyond reasonable doubt-Penal Code (cap.63), Section 203 as read with Section 204; Criminal Procedure Code (cap.75), Section 306(1)

[RULING] Civil Practice and Procedure-suits-application for dismissal for want of prosecution-where the pleadings were closed seventeen years ago and the plaintiff has taken no steps to set a hearing date-Civil Procedure Rules, Order XVI, rule 5

[RULING] Constitutional Law-detention-where the applicants have been arbitrarily arrested and detained on allegation of publishing alarming statements and denied a police bond-where the applicants have been held for over forty eight hours-whether the applicants should be granted anticipatory/bail pending arrest-Constitution, Sections 60,70,74,77,79 and 84; rules, 20 and 21; Criminal Procedure Code (cap.75), Section 36

Criminal law - robbery with violence contrary to the Penal Code section 296(2) - accused person convicted and sentenced to death - appeal - CRIMINAL PROCEDURE - change of magistrate - evidence taken by one magistrate but judgment written by a different magistrate - record not showing whether the succeeding magistrate had given the accused the option of recallling the witnesses or whether he objected to the change of magistrates - whether the conviction of the accused could stand - Criminal Procedure Code section 200(3)

Criminal Procedure - retrial - circumstances in which a retrial may be ordered - matters a court will consider in deciding whether to order a retrial of a case

Evidence - identification evidence - evidence of a single identifying witness - how a court should test such evidence in order for it to form a basis for a conviction

Criminal law - robbery with violence contrary to section 296(2) of the Penal Code - accused person convicted and sentenced to death - appeal - EVIDENCE - duty of a first appeal to reconsider and re-evaluate the evidence - doctrine of recent possession - whether the prosecution had adduced sufficient evidence to enable the application of the doctrine - whether the facts disclosed the offence of handling stolen goods contrary to section 322(2) of the Penal Code