DZA V. KOMLA

LINGLEY, J.: I consider this case should be sent back to the trial court for a trial de novo by a different panel.

(1) A proper plan should be prepared.

(2) The court in giving judgment should indicate the oral evidence given on oath which it accepts and that which it rejects. It should indicate its reasons for the weight it attaches to the oral evidence.

I make this order granting a new trial because I feel that the time has come when Native Courts should be capable of hearing evidence and deciding on the weight to be given to such evidence.

It is all too common for a trial court to set out at some considerable length the respective cases of the parties and then state that they viewed the land and therefore believe the party for whom they give judgment.

It is the duty of a trial court to assess the value of the oral evidence it hears: it ought not to shirk making a decision one way or other. If the court is genuinely unable to decide which side to believe, it follows that the plaintiff ha…