MENSAH vs. AMAGYEI AND OTHERS

The plaintiff claims against the defendants jointly and severally the sum of £G2,804, as special damages and £G2,000 general damages for the destruction of his cocoa farm situate at a place called Abehe-Maso, for the purpose of using the site to build a new township. The said farm contained also kola nut and palm trees. The plaintiff inherited the farm from an uncle of his, one Agyekum. The defendants admitted destroying the farm as alleged with all the said economic trees in it. Their defence is that the plaintiff is not entitled to damages because the land was required for national purposes, i.e. raising a new township, and therefore the people, chief and elders of the two towns, i.e. Abirem and Mamanso who were going to build the new town, agreed that no compensation should be paid for any farms which might be destroyed in the process. The issues which were raised on the pleadings for determination are: (1) was an agreement or decision reached or taken as alleged? and (2) if.....