One of the major legal problems facing Johnston was that of land claims. For up to 25 years before the protectorate was formed, a number of European traders, missionaries and others had claimed to have acquired often large areas of land through contracts signed with local chiefs, usually for derisory payment. Although Johnston had a duty to look into the validity of these land deals, and although he accepted that the land belonged to its tribes and that their chiefs had no right to alienate it, he put forward the legal fiction that each chief's people had tacitly accepted he could assume such a right. As a result, Johnston accepted the validity of those claims where the signatory was the chief of the tribe occupying the land, provided that the terms of the contract were not inconsistent with British sovereignty. Where claims were accepted, Johnston issued Certificates of Claim (in effect the grant of freehold, or fee simple, title). Out of 61 claims made, only two were rejected outright and a handful reduced in size. These Certificate of Claim were issued at a time when no professional judges had been appointed to the protectorate, and the work of Johnston and his assistants was subsequently criticised by judges and later administrators.B. Pachai, (1973). Land Policies in Malawi: An Examination of the Colonial Legacy, The Journal of African History, Vol. 14, No. 4, pp. 682-3, 685.R. I Rotberg, (1965). The Rise of Nationalism in Central Africa, pp. 29-31.
