ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal by the prosecutor against the judgment of Oseji, J., sitting in the High Court of Justice, holden at Asaba, Delta State, delivered on the 23rd day of June, 2000, whereby he allowed an appeal by the respondents against the decision of the Magistrate’s Court, Asaba, overruling the no case submission made on behalf of the respondents. The judgment is at pages 74 to 92 of the record of appeal, while notice of appeal is at pages 93 to 96. The facts of the case run thus:- In the Chief Magistrate’s Court 3, Asaba, Delta State, the respondents were arraigned on a two count charge of conspiracy to commit the offence of malicious damage of a building of one Kenneth Onyelo situate at Okwe, Delta State. Four witnesses testified. PW1 under cross-examination testified that there was a suit at the High Court, Asaba in which Okwe community laid claim to the land as theirs. See page 10 lines 30-32 and page 11 line 1 of the records. The e…