Twea, J
After due deliberations it is clear that the problem manifests itself as legal
only because the rights of the parties were not properly explained at the
meetings.
The legal position is that when one is allotted customary land one has the right to user for the surface only, in respect of what one can grow or build on
the land.    One does not have right of user to the sub – soil and whatever lies
under.    According to section 26 of the Land Act the Minister responsible for
land has control of a customary land, its use and minerals on or under it.
For the same reason one does not acqire right of user to the airspace.
