AMUA-SEKYI J.A.: In the vicinity of the town of Pankrono, there is a tract of land which the parties to this suit call Domi. Each side claims it by original settlement of their ancestors some three hundred years ago. The appellants, who were the defendants in the court below, are Nana Brobbey Kwakye Asare, Odikro of Pankrono, and Nana Owusu Afriyie II, Ohene of Nkwantakese. The stool of Pankrono is a sub-stool of that of Nkwantakese. The respondent, who was the plaintiff in the court below, is Nana Kwabena Kuffour II, Ohene of Nkawie.
The action was commenced in or about 1954 by Nana Twum Barima Appau II, the then Ohene of Nkawie, in the Kumasi Municipal Court. After two abortive trials, the case was sent to the High Court, Kumasi for yet another retrial. Hearing started before Roger Korsah J but was concluded before Anterkyi J. who entered judgment for the plaintiff.
By the time the case came up for trial in the High Court the original parties and most of the witnesses who gave evidenc…