B.P. (WEST AFRICA) LTD. vs. BOATENG

JUDGMENT OF AKAINYAH J. In this action the plaintiffs’ claim is for a perpetual injunction restraining the defendant, his servants, workmen or agents from entering upon the piece or parcel of land situate and being at Nkawkaw lorry park known as a petrol pump site measuring 45 feet by 32 feet and for £G600 damages for trespass of which £G101 9s. 9d. represent special damages. The defendant also pleads that he is in possession of the said land as a lessee of the South Kwahu Local Council (to the knowledge of the plaintiffs) and counter-claims for £G600 damages for trespass committed by the plaintiffs on the said land. The agreed issues are as follows: (a) whether at the date of the trespass the defendant had a valid lease of the land, the subject-matter of this suit from the South Kwahu Local Council; (b) whether the defendant committed trespass on the plaintiffs’ property; and (c) whether the plaintiff-company are entitled to the reliefs sought. The facts are ...