JUDGMENT
COUSSEY P.
The first question raised by Mr. Ollennu in presenting, this appeal is the form of the judgment in the Native Court.
The President of the Native Court “B” of Agave, Eastern Province, delivered his decision on August 5, 1953, in favour of dismissing the suit. The registrar of the court appended a note, at the foot of this written decision, that “the other two panel members disagree with this decision and propose to submit their judgment on August 13, 1953.” On August 21, the Native Court, similarly constituted, again sat and the decision of the two other members of the court, who are marksmen, was delivered in favour of allowing the plaintiff's claim. It was reduced into written English beforehand by a letter writer, not in the service of the Native Court; but endorsed by the Registrar of the Native Court on the same day and entered as a record of the court.
Regulation 41 of Part 7 of the Native Courts Regulations made under section 70 (2) of the Native Courts (Colony) …