WOOD (MRS), CJ:-
On the 28th July 2010, we, as the second appellate court, dismissed the appeal against the judgment of the Court of Appeal (Civil Division) dated 23rd July, 2009, and reserved our reasons for coming to that conclusion. We state those reasons now.
Because the facts leading to the commencement of the original action are indeed very simple, the issues of fact or law that arose for determination in the two lower courts and indeed in this court cannot by any stretch of imagination be described as complex. In 1993, the late Nana Amuah Gyebi XIV of Apowa, the predecessor of the Plaintiff/Respondent/Respondent (Respondent) respondent, acting with his elders, granted a 61 acre piece of stool land to the appellant company. However, according to the respondent, after his enstoolment in 2001 as Chief of Apowa, he discovered to his utter dismay that Defendant/Appellant/Appellant (Appellant), had encroached on an additional 29 acres of land and was in the process of construct…