TORKORNOO (MRS), J.A.
Every proper story begins with the words ‘In the beginning’. And so must the just and proper resolution of a dispute be done by tracing the rights of parties with regard to the subject matter of the dispute from the beginning of their acquisition of those rights. Any process of resolution that attempts to resolve a dispute without considering the landmarks of the rights from their estuary to the points of difference is likely to result in miscarriage of justice.
In the beginning of the transactions that led to this dispute, one late Opanin Kwadwo Ntow obtained proprietary interest in what was called Plot no 28 Block D Central Area, Sunyani. From the planning scheme of the Town and Country Planning Department of Sunyani tendered as exhibit G in this suit, this plot measures 120 x 140 feet. It shares a boundary with Plot no 27 Block D Central Area, which was used as a school by the Sunyani Municipal Assembly.
According to the undisputed facts, a toilet facility was bu…