DJABANOR J.: In this case the plaintiff claimed from the defendant damages for non-performance of a contract in which the defendant undertook to demolish and rebuild premises situate at plot No. K.O. 101 at Kumasi. On completion of the contract within eighteen months, the plaintiffs were to grant to the defendant a sub-lease of the whole premises for a term of 60 years, subject to their retaining a number of rooms in the new house in respect of which no payment was to be made.
On the 8th October, 1959, this court entered interlocutory judgment in favour of the plaintiffs and the district valuer, in the person of Mr. J. E. Hall was appointed as referee to go into the question of quantum of damages and to submit a report to the court. This report has been submitted. The question for me to determine is which of the quanta of damages recommended should properly be adopted.
Mr. Prempeh for the plaintiffs submitted that the referee’s report as to special damages be adopted. He did not state w…