320
entitled to a position as against the Crown, under Section
14 a formal title could be granted by Crown lease or otherwise.
Their contention was that Bikep had a title, namely,
the title laid down in Section 13 of the Ordinance. The
Land Court specifically referred to a title in their judgment
and allowed the claim of the claimants to the extent
of 40 odd acres. His other point was that his clients had
got the whole right of those claimants and believed they
had a better right on account of that letter which was written
by the Colonial Secretary in answer to their specific
request that a title be granted. That letter made it only one
thing that the Government would grant a proprietary
title as soon as they had settled the exact amount of taxes
payable.
The Chief Justice remarked that the Colonial Secretary's
letter was not binding upon the Government. De Blaquiere's
interest, it appeared to him was, really the same as the
claimants; if his appeal was dismissed they would be able
to have all the rights of the claimants, and if it was
successful, if it was shown that this decision was erroneously
obtained from the Land Court Bikep would have to turn
round on the claimants and deal with them.
Mr. Blude contended that their point was that they
should be compensated by Tom Crown.
The Puisne Judge said, "Suppose we upset the Land Court's
decision, we are not going to say the land belongs to you;
we cannot stop there,
Mr. Flade - "If this title is bad, I will get another from Your
Lordships."
The Chief Justice said, "Not from me.
It must be from the Privy Council."
The question to be decided is who is
entitled to this land -
the Crown or the respondents.