Privy
Council, 12th June, 1939.Appeal
2 Vo.41
of
1938
In the present suit the
appellant seeks to have the
boundary determined as between
his tribal lands and those of
the respondent as regards the
part of that boundary that is in
dispute. The Chief Commissioner,
by his judgment of the 27th
November, 1936, determined the
boundary to be a straight line
between the points A and B,
which are shewn on plans Band D,
a boundary for which there was
evidence before him, as being
the one agreed on at the time
that the lands were given by the
respondent's predecessor to the
appellant's predecessor.
On appeal by the present
appellant, the Court of Appeal
of West Africa, in an admirably
brief judgment, as it appears to
their Lordships, covered all the
points. They pointed out that
the appeal was on a question of
fact, the other points having
been abandoned: "The trial Court
accepted the respondent's
evidence and rejected the
appellant's. We see no reason to
differ".
In their Lordships' view this is
one of the clearest cases of the
type which justifies their
Lordships' practice in not
hearing arguments seeking to
disturb concurrent judgments in
the Court below on pure
questions of fact. Accordingly,
their Lordships will humbly
advise His Majesty that this
appeal be dismissed with costs.
