FRIMPONG
V.
NANA ASARE OBENG II

EDWARD WIREDU J.: This is an appeal from the ruling of the District Court Grade I, Akim Oda, dated 23 August 1973. In that ruling the district court on the application of the plaintiff-respondent (who shall hereafter be referred to simply as the plaintiff) granted an interim order of injunction restraining both the plaintiff and the defendant-appellant (who shall also hereafter be referred to in short as the defendant) from interfering or dealing in any way with a number of timber trees felled by the defendant.

The brief facts of this case may be summarised as follows. The plaintiff is the ohene of Bontodiase in the Akim Kotoku area and the defendant is a concessionaire operating a timber concession in an area abutting the plaintiff’s stool land. The facts on record show that in the course of the operations the defendant felled some logs in an area which was subsequently detected to lie outside the area of his concession. This area on the undisputed evidence fell within an area being c…