The Makauri Case.

Gisborne Standard and Cook County Gazette, Volume I, Issue 38, 8 September 1887, Page 2

The Makauri Case.

DECISION OF THE APPEAL COURT. The decision of the Appeal Court has ad, vanced the Makauri case another step, and Mr Locke is to be congratulated on the result so favorable io him. It has been stated that the judgment arrived st a few days ago ultimately disposed of the case, Unfortunately this is not so, for if tin arrangement is not arrived at between the parties the case may drag its weary length along for years to oome. Is will b« remembered that after years of litigation Mr Locke ultimately obtained a decree from the Supreme Court to have the whole matter gone into, and Mr Greenwood, Registrar of . the Supreme Court, was appointed to make a report. These enquiries took several months to make, and have not yet been completed. Shortly the facts of the case are theseMr Locke bought several undivided native shares in the Makauri block from the late G. E. Read. A division was made by the Native Land Court, and this award has caused the enormous amount of litigation which has taken place and which is likely to continue. Over and above the award of the Land Court Mr Looke claimed a further area of about 300 I acres of land, against which claim a number of parties strongly protested. One of the main contentions brought before the Registrar was that a voluntary partition had been agreed upon by all the parties, and that this voluntary partition bound Mr Locke. On this point exhaustive enquiries were made,

and as the point, if decided against him, would have virtually put Mr Looke out of court, the Registrar agreed to draw up an interim report on the point in issue. After mature consideration Mr Greenwood drew up a lengthy report, the purport being that a partition had been arrived at, agreed to, and acted upon by all the parties. This report was confirmed by the Supreme Court, the decision ot the Registrar been entirely agreed with. Mr Locke appealed to the Appeil Court to have this decision upset, and has been successful, full costs being allowed him. Owing to the protracted litigation which hat taken place these costs will amount to some thousands of pounds. So far the case is In exactly the same position as it was before it was referred to the Registrar, excepting that the defendants in the action have lost their principle point of defence and the greater part of the enquiries has been made. To say that because the point as to the voluntary partition has been settled the case is at an end would mean the utter ignoring of tht enquiries yet to be made by the Registrar. It will be seen that an appeal to the Privy Council is threatened, but it is stated that ihere is a probability of all further litigation ceasing by an arrangement between the parties. Snail a thing is most desirable, and to be devoutly wished for, as settling a most disputed land case, one that has been hanging on for several years, and one that has cost an enormous sum to carry on.