KWADWO vs. SONO

JUDGEMENT OF MENSA BOISON JA. This is an appeal by the defendant at the court below against an award of ¢61,252 special damages for his destruction of cocoa trees and other crops on the plaintiff’s farm. The damage occurred in 1977 in the course of the defendant’s timber and logging operations on Dormaa stool land, over which the defendant had concession rights. The trial took place at the High Court, Sunyani in March 1980 before Ampiah J. who dismissed the additional claims for general damages for “capsid infestation, rehabilitation and other incidental damage as a result of the defendant’s acts.” The plaintiff’s claim for an order of perpetual injunction restraining the defendant from further felling on the plaintiff’s farm was similarly dismissed. This part of the decision is not questioned. For on authority where a person enters upon the land of another by lawful authority or licence, acts done in pursuance of the authority or licence cannot be the subject for gen...