COURT OF APPEAL

Nelson Evening Mail, Volume LXX, 14 March 1936, Page 5

COURT OF APPEAL

SUCCESSION ORDERS WRIT OF RROHIBITION (By Telegraph—Press Association) WELLINGTON, This Day. The Court of Appeal yesterday considered the ease, removed from the Native Land Court, regarding the application of Robert Victor Tipene (otherwise known as Robert Victor Lc Sueur) of New South AValcs, European labourer, to succeed to the interests of Too Tipene, deceased, in certain blocks of land. The facts of the case are that on 20th January, 1932, the Native Land Court at AVellingtou by succession orders made plaintiff Tutua Tcone, of AAkiiwhetu, a native labourer, and others, successors in. respect to Teo Tipene’s interests. On 30th September, 1934, defendant, Robert Tipene, applied to the .Chief Judge of the Native Land Court under osetion. 3S of the Native Land Act, 1931, for rectification of the succession orders, claiming that as he was Tipene’s adopted son and only child lie was solely entitled to the interests. After several hearings the Chief Judge expressed his views that the succession orders should be made in favour of Robert AHctor Tipene.

The position now is that plaintiff, Tcone, is applying for a write of prohibition to prevent the Chief Judge of the Native Land Court from amending the orders of 20th January, 1932, which amendment would give succession to Robert:Victor Tipene. The case is proceeding.