JUDGMENT
AMES Ag.J .A.
This is an appeal against a decision of the Land Court dismissing the appellants' appeal to that court from a decision of the Buem Native Court “ B." In the Native Court the appellant was the unsuccessful plaintiff and he had sued for the recovery of possession of land at Apesokubi.
Several grounds of appeal were filed but they all hinge on the same issue, which is whether or not the learned Chief Justice, who heard the appeal in the Land Court, was correct to find that a certain reference or submission to arbitrators as they have been called, which had occurred when the dispute was before a magistrate's court (which was afterwards found not to have had jurisdiction) was or was not an arbitration under native customary law, the decision in which bound both sides.
We allowed another ground of appeal to be added, to which I will refer later.
Mr. Akyeampong's argument for the appellant on the former issue was, in effect that the learned Chief Justice has made a new rul…