LAW REPORTS.

Dominion, Volume 6, Issue 1722, 12 April 1913, Page 21

LAW REPORTS.

(f COURT OF APPEAL. TWO AUCKLAND CASES HEARD. LONG LITIGATION. ' i NATIVE LAND DECISIONS. < Two Auckland cases occupied the attention of tho Court of Appeal yesterday. Tho first was an appeal in a Native laud, case, wherein the appellants wcro Te Warn Upiha 11 lid Hipeia Epiha, and the respondents wera Mcrea' AVikiriwhi, four other Natives, and Chief Judge Jackson Palmer, of the Native Land Court. The Bench ,\vas occupied by the Chief Justice (Sir Robort Stout), Mr. Justice "Williams, Mr. Justice Cooper, and Mr. Justice Chapman. Mr. C." B. Morison, K.C., with. Mr. W. H, D. 'Sell, appeared for the appellants, while Dr. H. D. Bamford, of Auckland, appeared for the Native respondents. Matters in connection with tho case extended back to September 21, 1896, when the partition of a block of land, known as Te Awaite, took place. Ono of tho owners was Epilia Taha, and, when ho died in 1907, tho appellants (To Wani Epilia and Hiperu Epiha) were appointed his successors. It appears that in May, 1908, an Order-in-Couneil was issued (in pursuance of powers given by the Nativo Land Court Act, 1894) empowering tho Native Land Court to inquire ns to the ownership of the To Awaite Block, and to settle the question as to whether tho portion (Te Awaite No. 2) held by Epiha Taha and others was held in trust or not. Tho Court held that there was no trust, but subsequently, in 1911, the Native Appellate Court reversed this decision and ordered that effect should be given to the • judgment. Epiha Taha's successors (tho appellants in the case before the Court of Appeal) raised the question of the validity of the inquiry; and npplied to tho Supremo: Court for a writ of prohibition to prevent tho judgment from taking effect. Mr. Justice Edwards, who heard the case, refused the application, and it was from his decision that Te Wani Epiha and Hip-.ra Epiha now appealed. . After Rearing legal argument yesterday morning, the Court reserved decision.