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…The defendant seeks an order for the dismissal of the suit for want of prosecution.…

…The third defendant has sufficiently proved that the action as against him ought to be dismissed for want of prosecution.…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…The learned Judge erred and misdirected himself in law and fact in failing to resolve the material contradictions and discrepancies in the main prosecution witnesses in favour of the appellants. 6.…

…The prosecution and the Judge attached great importance to that evidence.…

…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…