BANNERMAN J.: This is an appeal from a the judgment of the circuit court in which the circuit judge restored the judgment of the local court magistrate. From the evidence and the respondent’s claim the whole action turned on whether the grant by the respondent to the appellant of the land in question was a gift or a licence. Counsel for the appellant has argued strenuously that the grant to the appellant was a gift in which case the respondent cannot retake the land he has given to the appellant. Counsel has also argued that assuming the alleged grant was not a gift, once the appellant admits he gave a portion to the respondent and allowed her to farm on it, that permission in law amounts to a licence. Counsel for the respondent has submitted that the concurrent findings by the local court magistrate and the circuit judge that the grant was a licence should not be interfered with.
I am persuaded to hold that the grant which the respondent made to the appellant was a licence. The questi…