KINGDON, C.J., NIGERIA, CAREY AND GRAHAM PAUL, JJ.
In this case the trial Judge certified it as a fit case for appeal on the following grounds:-
1. Whether the Court was correct in allowing, at the view of the locus in quo, a witness to point .to a particular site before he had given evidence in Court.
2. Whether the finding was against the weight of evidence.
As to the first, we are of opinion that the procedure was not correct and that the persons who pointed things out should have been sworn as witnesses before being allowed to do so. That could have been done on the spot, if necessary. We are however of opinion that no substantial miscarriage of justice occurred on account of this incorrect procedure, and consequently do not allow the appeal on that ground.
As to the second, we are of opinion that the finding was not against the weight of evidence.
The appeals of both appellants are dismissed.