[I] Civil Procedure-appeals-appeals to Privy Council-West African (Appeal to Privy Council) Order in Council, 1949 only regulates civil appeals: The West Mrican (Appeal to Privy Council) Order in Council, 1949 only regulates civil appeals, and therefore leave to appeal to the Privy Council in criminal cases can only be granted by the 5 10 15 20 25 Judicial Committee itself and not by the West African Court of 30 Appeal (page 88, lines 4-9). [2] Courts-Judicial Committee of Privy Council-leave to appeal-only Judicial Committee can grant leave in criminal cases: See [1] above. [3] Courts-West African Court of Appeal-appeals-leave to appeal to Privy Council-West African Court of Appeal cannot grant leave in 35 criminal cases: See [1] above. [ 4] Criminal Procedure-appeals-appeals to Privy Council-leave to appeal-leave can only be granted by Privy Council: See [1] above. The applicant applied for leave to appeal to the Privy Council 40 against the decision in the criminal proceedings against him. Wilson for the applicant; Benka-Coker for the Crown. SMITH, C.J. (Sierra Leone): This is a criminal matter. The West African (Appeal to Privy Council) Order in Council, 1949, which repealed the Order in Council of 1930, only regulates civil appeals. Leave to appeal in criminal cases can only be granted by the Judicial Committee itself. This court has no jurisdiction to grant leave. Application refused. RAHMAN v. ELBA SuPREME CouRT (Beoku-Betts, J.): February 26th, 1951 (Civil Case No. 112/50) [I] Evidence-burden of proof-recovery of possession of land-plaintiff must succeed on strength of own title: In an action for the recovery of possession of land, the plaintiff must succeed on the strength of his own title and not on the weakness of the defendant's (page 91, lines 18-22; page 92, lines 11-13). [2] Evidence-burden of proof-title to land-statutory title-proof of adverse possession not necessary to acquire statutory title: A statutory title to property can be acquired by any person who is in undisturbed possession of the property for the statutory limitation period without it being necessary to prove adverse possession on his part (page 95, lines 36-40; page 96, lines 11-14). [3] Family Law-property-married women's property-after 1933 married woman can acquire statutory title even against husband-must not be living together or facts to prevent limitation period from running: Although a person cannot acquire a statutory title to property if he and the owner live together in the property, time can run against the owner if he leaves and the other person continues in possession; and therefore after 1933 a married woman who is in possession of property for over 12 years acquires a statutory title to the property even as against her husband, provided that they were not living together in the property during that time and there are not facts to prevent the limitation period from running (page 95, lines 26-31; page 96, lines 4-14). [ 4] Land Law-adverse possession-need not be proved to acquire statutory title: See [2] above. hope however he will be able to recover the purchase Elba who has impressed me as thoroughly dishonest. be judgment for the defendant with costs. s.c. price from There will  be judgment for the defendant with costs. 

Suit dismissed.