GH - AURO RIVER FOREST RESERVE

The following joint judgment was delivered:-

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND WEBB, C.J., SIERRA LEONE.

As a preliminary it should be mentioned that throughout the judgment the references to the Forests Ordinance are t~ that Ordinance as it stood prior to 1938.

. In the Gazette of the l9th October, 1935, Gazette Notice No. 826 was published notifying that the Governor proposed to constitute the Auro River Forest Reserve and appointing William Hugh Beeton to be Reserve Settlement Commissioner.

:Mr. Beeton duly conducted the inquiry and on the 2nd March, 1936, delivered his judgment and by Order dated 18th July, 1936, issued under section 15, the area was duly constituted a forest reserve.

The four present claimants-appellants were claimants before him and he did not exercise in their favour the power vested in him under section 11 (1) of the Forests Ordinance (Cap. 63) to assess lump sum amounts for the commutation of their respective rights.

They all appealed to this Court against the judgment and on the 17th December, 1936, this Court gave the following judgment: -

" All parties and the Court being agreed that in this case " the Reserve Settlement Commissioner should have exercised " his powers under section 11 (1) of the Forests Ordinance in " favour of the claimants, the appeals are allowed and it is " ordered that the claims be remitted to the Reserve Settlement Commissioner for him to do so. It is ordered that " the fees paid by the claimants in respect of these proceedings " be refunded to them."

In pursuance of that judgment Mr. Beeton sat and heard argument; after several adjournments he adjourned the inquiry on the 3rd September" 1937, until the 24th September, 1937. Before that date, namely by Gazette Notice No. 983 dated the 16th September, 1937 and published in Gazette of 18th September, 1937, the Governor in exercise of the powers vested in him by section 5 (2) of the Ordinance appointed Henry Christopher Ellershaw "to act in succession to the said William Hugh Beeton. "

In pursuance of that appointment Mr. Ellershaw sat on the 24th September, 1937 and on subsequent dates. The submission was immediately made to him that, inasmuch as this Court had remitted the claims to the Reserve Settlement Commissioner and not to the Court, it was only Mr. Beeton who could deal with the matter, or alternatively that if a new man were appointed it would be necessary to hear all the evidence again and visit the land. This submis

The following joint judgment was delivered:-

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND WEBB, C.J., SIERRA LEONE.

As a preliminary it should be mentioned that throughout the judgment the references to the Forests Ordinance are t~ that Ordinance as it stood prior to 1938.

:Mr. Beeton duly conducted the inquiry and on the 2nd March, 1936, delivered his judgment and by Order dated 18th July, 1936, issued under section 15, the area was duly constituted a forest reserve.

They all appealed to this Court against the judgment and on the 17th December, 1936, this Court gave the following judgment: -

AURO RIVER FOREST RESERVE

Areas of Law