LOGS & LUMBER LTD. V. OPPON

APALOO J.A.: The appellant company (which I shall hereafter call the company) appeals against the judgment of the High Court, Sekondi, which awarded against it, general and special damages for trespass and conversion.

Actions for damages for trespass are everyday fare in the courts. The unique feature of this case, is that although the suit was in its objective compensatory and not penal, the evidence which was led and accepted, shows that it is also one in which the State can assert its right to institute criminal proceedings against the company. That the judge regarded the suit in this light, is shown by the fact that although he awarded the respondent full compensation for the loss that he was supposed to have sustained, he also awarded in addition to this sum, punitive damages. Indeed the judge made no secret of the fact that he was awarding exemplary damages. He said so in express terms and used expressions which fit snugly the familiar deterrent theory of criminal justice. He sai…