ABBAN J.
The plaintiffs-respondents hereinafter referred to as the plaintiffs, sued the defendants-applicants (hereinafter referred to as the defendants) in the High Court, Cape Coast, for damages for trespass, account and an order for perpetual injunction. After a protracted hearing judgment was entered for the plaintiffs except that the trial judge did not award them damages even though trespass was satisfactorily established. The defendants being dissatisfied appealed to the Court of Appeal, and the plaintiffs also gave notice of their intention to apply for variation of that part of the judgment which refused them damages.
On 24 July 1974, the ordinary bench affirmed the judgment of the, High Court and, in addition, awarded the plaintiffs damages for trespass. The defendants still not satisfied with the two judgments against them have applied to the full bench for a review.
The brief facts of the case are that in or about 1920 the plaintiffs as a syndicate purchased a large tract of …