BY COURT
We have read the record of appeal and the submissions made by counsel in the matter herein and have come to the view that having regard to the 1927 decision entitled Chief Kofi Tumtuo v. Chief Kwame Agyei determined on the 19-5-27 before the Native Tribunal of the Kumasehene tendered in evidence as Exhibit A at page 105 of the record of appeal, which determined the boundary between the parties herein as indeed, the two lower courts found in their respective judgments, and in order to have the said boundary effectively settled for the purpose of avoiding any future litigation in respect of same, we hereby proceed to set aside the decision of the Court of Appeal in the matter herein and in place thereof remitting the action herein to the High Court, Kumasi, for a trial de novo and in particular direct that an order of survey be ordered in respect of the disputed property with the area previously determined in the 1927 action being superimposed on the said plan for the purpose of…