It will be observed that, by section 25(1)(a), the law merely permits such a course if the Land Judge deems it desirable; whereas, by section 25(1)(b) it is mandatory, but only when a question of native customary law is essential for the determination of the claim. In my opinion, the learned Judge was not required in the circumstances to invoke the aid of an assessor or assessors, and was therefore competent to try the case without an assessor.
APAU II v. DWUMAA III [1959] GLR 140 [1959] SLR (CA) 16 · Court of Appeal · 1959 · KORSAH CJ
Read it in the judgment