OMANHENE AND KOBINA FOLI

The following judgments were delivered :­DEANE, C.j. THE GOLD COAST COLONY.

This IS a motion to set aside the award of. an arbitrator. It appears that the plaintiff sued the defendant for trespass before the Circuit Judge of Ashanti and obtained a judgment dated 9th May, 1923. Against this judgment the defendant appealed. On the matter coming before the Full Court on the application and with the consent of the parties it was decided that the dispute between the parties should be referred to an arbitrator for settlement and an order dated 18th March, 1929 and another order supplementary thereto dated 3rd December, 1929, were made by the Full Court for carrying into effect the decision of the Court.

:ijy the Orders which may be found set out on pages 2 and 3 of the award the judgment of the Circuit Judge was set aside, a survey of the land was provided for, the boundaries claimed by each party marked on the plan prepared in accordance with instructions given by the parties and Mr. Justice Hall a Judge of the Supreme Court was appointed as arbitrator to decide finally the matters in difference between the parties, viz. :-whether the semi-circular tract of land edged red having as its base the river Prah edged green on the plan No.C 18 signed by Mr. F. Mindham, officer in charge, Cadastral Branch dated 15th August, 1929, is the property of the aforesaId Kobina Foli, Omanhene of Adansi or of Obeng Akese, Ohene of Okyereso.

The arbitrator sat in Accra and heard evidence adduced on behalf of the parties to the dispute on the 3rd, 4th, 5th, 6th, 9th,

lOth, lith, 12th, 13th, 14th, 16th and 17th December, 1929' and on 2nd January, 1930 visited the disputed area with Counsel returning to Accra after a tour of inspection on 10th January, 1930

On 31st January, 1930 he published his award in which he alloted all the land to the West of a surveyor's purple line drawn ,by his directions on the plan to the Omanhene and all the land to the East of the purple line to the Ohene.

This award the Omanhene has moved to set aside. The grounds on which he relied were set forth in his notice dated 10th February, 1930. His Counsel, however, when he appeared to support the motion after obtaining leave to argue additional grounds under Rule 15 Order 52 of the Rules of the Supreme Court, took two objections which really went to the jurisdiction of the Court to make the order to which he had himself been a consenting party:-they were (a) that the judgment of the Circuit Judge of As