Kwao Kum V. The Chief Conservator Of Forests (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

The Forests Ordinance (Cap. 122) of the Gold Coast, sections 7, 9 (1) and 13—Proposed Forest Reserve—Enquiry into claims—Division of Proposed Reserve into partsfor enquiry—Time for making claims—Separate judgment on a part of Reserve—Claim put in after judgment—Finality of separate judgment.

Facts

It being proposed to constitute a Forest Reserve, the Reserve Settlement Commissioner published a notice under section 7 of the time within which claims to land should be made, and later began his enquiry, for the purposes of which he divided the proposed Reserve into two parts.

After he delivered judgment on one part, he was notified of a claim relating to that part and ruled that the claim could not be entertained; and the claimant appealed.

Section 9 (1) enables the Commissioner to “divide the proposed Forest Reserve into . . . portions . . . and make a separate enquiry and determination …”; and section 13 provides for the extinction of rights not claimed within the time notified unless the Commissioner allows the claim to be made before judgment.

Held

Once the Commissioner has delivered judgment on a portion the enquiry is concluded as regards that portion and no claim relating to it can be entertained.

Appeal dismissed.