Cookie Policy
A.G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): The main contention in this appeal as can be gathered from the grounds of appeal filed and the issues for determination formulated by the parties concerns the question of the pleading in paragraph 8 of the statement of claim relating to arbitration at customary law, and whether the decision by the arbitration panel can operate as an estoppel in relation to the land in dispute between the parties. In other words the core of issues to be determined are concerned only with the nature of the pleading claiming the verdict of customary arbitration, and whether such verdict constituted an estoppel.
Like most disputes relating to land held under customary law, the questions of traditional history, evidence of acts of possession, ancient and recent were canvassed in support of the claims of ownership and declaration of title, trepass in the court of trial. Specific findings were made in that court. Similarly the issue of the arbitrat…