AMOAKO ATTA IV AND OTHERS vs. NUAMAH [1961]DLSC1976

Date	1961-05-13
Suit No.
Citation No.	[1961]DLSC1976

OLLENNU JSC

BLAY JSC

AKUFO-ADDO JSC

H. DARKOH FOR THE APPELLANTS

A. DOVE FOR THE RESPONDENT

[1961]DLSC1976
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AMOAKO ATTA IV AND OTHERS

[SUPREME COURT]

[1963] 1 GLR 432

DATE: 13TH MAY, 1963.

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COUNSEL:&nbsp;&nbsp;

H.
DARKOH FOR THE APPELLANTS.

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OLLENNU, BLAY AND AKUFO-ADDO
JJ.S.C.

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&nbsp;

The plaintiff (i.e. the respondent to this appeal) brought an
action against the defendants, (the appellants before us) in the High Court,
Accra, in which he claimed:

The second and third defendants are the Adikrofo of Emooso and
Jejeti respectively in Akim Abuakwa and the owners of the land, the
subject-matter of the plaintiff’s action. The first defendant is the Omanhene
of Akim Abuakwa and the overlord of the land aforesaid.

“1. By an oral agreement made in or about August 1960 between the
third defendant and the plaintiff the third defendant granted the plaintiff
exclusive timber felling rights over a portion of the Jejeti stool lands
subject to the consent and concurrence of the first and second defendants. 2.
In pursuance of the said oral agreement the plaintiff entered on the said lands
with the knowledge of the third defendant and constructed thereon at a cost of
£G800 a timber road to enable the plaintiff to exploit more effectively his
timber felling rights. 3. The oral agreement between the third defendant and
the plaintiff was confirmed by an agreement in writing dated the 14th October,
1960, and made between the defendants of the one part and the plaintiff of the
other part. 4. After the plaintiff had finished the construction of the road on
the said lands a dispute arose between himself and Messrs. Darfoor Bros. &amp;
Sons, Ltd. as to which of them was entitled to fell timber in the Jejeti area.

The three defendants filed separate defences in which they all
denied the allegation of an oral agreement. They admitted the written agreement
of the 14th October, 1960, but they contended that that agreement to the
knowledge of the plaintiff was subject to the concurrence of the receiver of the
Akim Abuakwa stool revenue and further that the plaintiff was aware of the
position that he was not to enter upon the land until the concurrence of the
receiver had been obtained. They went on to aver that the plaintiff’s entry
upon the land before the concurrence of the receiver had been obtained was in
trespass and they were not liable for any damage that he might have suffered in
consequence thereof.