[1989]DLCA636 • June 15, 1989 • Court of Appeal
MAHAMA vs. KOTIA AND OTHERS
The plaintiff sued the defendants for wrongful entry onto her land and demolition of her building and surrounding walls, claiming damages of ¢2,000,000. The trial court found no justification for the demolition and awarded damages of ¢950,000 plus costs. The defendants appealed against the damages awarded.
read moreJUDGEMENT OF AMPIAH J.A. In her action before the High Court, Tamale the plaintiff claimed against the defendants jointly and severally ¢2,000,000 general and special damages for wrongfully entering her land and breaking down her building and the surrounding walls. On 3 July 1985 the learned trial judge gave judgment for the plaintiff and awarded her a total of ¢950,000 with costs of ¢100.00 against the defendants. It is against this decision that the defendants have brought this appeal. In view of the stand taken by counsel in the trial Court, the only issue which was set down for trial was whether or not there was any justification for the demolition of the plaintiff’s building. On that issue the learned trial judge found that there was no such justification as the defendants had no proper authority to do so. In this appeal, counsel for the appellants has honourably conceded that point and has restricted himself to the ground that, “The quantum of ordinary and exemp...