Conteh v. Kamara ((Mag. App. No. 21/66)) [1967] SLSC 1214 (15 February 1967);

Search Summary: 

Courts-local courts-appeals-parol evidence received to prove contents of public document-appeal court to in,quire for document and affirm if not found:

Evidence-best evidence rule-decree book recording decision in inquiry under Provinces Act (cap. 60), s.28

Land Law-boundaries-proof of boundary-boundary fixed upon inquiry by district commissioner-district decree book conclusive evidence:

Headnote and Holding: 

Where a local court has received secondary evidence of a district commissioner's decision upon an inquiry under s.28 of the Provinces Act (cap. 60) instead of requiring the transcription of the decision in the district decree book to be put in evidence, an appeal court should make inquiry whether the decree book can be found, and if it cannot be found will uphold the local court's reception of the secondary evidence (page 58, lines 23-34; page 59, lines 29-30).

 

witnesses in local court proving boundary marked by official tribunal need not have participated in marking:

Law Report Citation: 
1967-68 ALR S.L. 53