ABABIO II AND ANOTHER vs. AKRO & CO., AND OTHERS RE PROPOSED BIMPONG FOREST RESERVE (TWIFU PORTION)

JUDGMENT OF OLLENNU J.S.C Ollennu J.S.C. delivered the judgment of the court. The proceedings in the Court of the Reserve Settlement Commissioner have had a very chequered and unfortunate career. It commenced with Gazette Notice published on the 4th November, 1937, given under section 5 of the Forests Ordinance,1 constituting the forest reserve, and appointed Mr. H. C. Ellershaw, Reserve Settlement Commissioner to hold the enquiry. For some reason or the other not disclosed, Mr. Ellershaw did not start the enquiry; he was later replaced by Mr. Sutherland as by notice in Gazette No. 35 of 1939; Mr. Sutherland too was replaced by Mr. Pullen as by notice No. 618 published in Gazette No. 31 of 1951. Mr. Pullen opened the enquiry on January 20, 1953, but did not complete it, and by notice No. 742, published in Gazette No. 21 of March 12, 1955, Mr. P. M. Riley was appointed in his place; it was he who concluded the enquiry. It appearing at the early stages of the enquiry before hi...