WOODEROX COMPANY LTD (WOX) vs. NAJA DAVID VENEER & PLYWOOD LTD

JUDGMENT The Plaintiff, a limited liability company averred that it was granted timber rights by the Forestry Commission with the concurrence of the Traditional Authorities for a 5 year period to expire in 2007. In furtherance of exercising its rights, it entered into an oral agreement which it later reduced into writing with the Defendant, another limited liability company in 2004. Under the terms of this agreement, the Plaintiff would avail part of its concession to the Defendant based on a cut and cart basis. It was the Plaintiff’s case that after stockpiling felled logs in the forest, the Defendant failed to evacuate them causing them to deteriorate. It therefore entered into an agreement with another limited liability company in order to fulfill its social obligations to the community as earlier on agreed. Due to the Defendant’s conduct, the Plaintiff stated it was unable to obtain a renewal of its permit to operate in the concession when its licence expired in 2007. A val...