WOOD J.A.
Unfortunately, I find myself unable to agree with my two learned brothers and I am constrained therefore to give my opinion in this case. This appeal which started off as a simple action between a farmer living at Manso, Mpatum Ashanti and a mining Company, Bonte Gold Mines Limited, raises interesting legal questions. I would however, before addressing those issues, give a brief resume of the facts giving rise to this appeal.
The plaintiff respondent sued the defendant appellant company in the Circuit Court Kumasi for (1) a declaration of title to land and (2) damage for trespass. The action was premised on the fact that the appellant company claiming to have completely destroyed the whole of the 4000 teak trees cultivated on it, and have refused or failed to compensate the respondent for the financial loss suffered. In sum then, their case was that the appellants had no legal right to be on the land.
At the hearing, the trial court found as a fact that the appellants, having a…