Appeal Court.

Pahiatua Herald, Volume II, Issue 155, 30 May 1894, Page 2

Appeal Court.

Nireaha Tamaki v. Baker.

; At the Appeal Court in Wellington on Monday, the Chief Justice delivered judgment m t'uo case of Niroaba Tamaki v. Baker. This case involved tho title to a portion of land between the Mangatamoka block and Kaihina Nos. I and *2 blocks m the Pahiatua district and the proper I oundaries of such blocks. It wasilaitned by tli«' plaintiff, one of the certificated owners of the Mungatainoka block, that a certain piece of laud comprising #OOO nercs wa* wrongfuNy included in the sale ; to tho Govermiu iit. and hence the actum against Mr J. 11. Baker. Commissioner of j Crown Lands, and coupled with him the j A;t. iney- Genera) Mr J R ■ being a claim of title to Crown Lands was sutlioienl to oust the case from the juris 1 diction of the Court, and against u ihw \ native title prior to acquisition could not be ploitded, otherwise the security of all titles to lands id the colony would i»c affected. The Crown must l»e expected to act with certain discretion and equity, but | its title must bo upheld. Judgment of ! demurrer was therefore given for defend .vit with costs to he deist nund bv the ' Supremo Court.