KORSAH C.J. (His lordship stated the facts and, referring to the judgment of the learned Judge of the Land Court, proceeded:-)
With respect, I can find no evidence on record to support these categorical pronouncements which presume that evidence had been adduced to prove an absolute sale and/or conveyance according to native customary law. The reference to Trama and Guaha and to Exhibit “B,” suggest that the learned Judge accepted Exhibit “B” as proof that Trama and Guaha custom had been performed.
It will be observed that Exhibit “B” is disputed by the defendants. It purports to be a paper prepared in the forest by someone, when the messengers of the vendors went to demarcate the area which was to be sold to plaintiff-company. The writer was not called to give evidence, nor was any literate person, alleged to be present at its preparation, called to testify to its contents. No evidence has been adduced to prove that the document, which is in English, was translated to the messengers or…