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(1980) JELR 65088 (HC)

High Court  •  5 Mar 1980  •  Ghana



AMPIAH J.: By his writ of summons the plaintiff claimed from the defendant:

“(a) the sum of ¢455,250 being damages for cash crops destroyed by the defendant as a result of the defendant’s timber felling operations in the plaintiff’s cocoa and coffee farm situate at Tetter on Dormaa stool land, whereof the sum of ¢450,000 represents 30,000 matured cocoa trees at ¢15 per tree; ¢2,400 representing 120 oil palm trees at ¢15 per tree; ¢400 representing 40 coffee trees at ¢10 per tree; ¢1,500 representing 150 plantain suckers at ¢10 per tree; ¢800 representing 20 kola trees at ¢40 per tree; and ¢150 representing garden egg plants.

(b) A perpetual injunction restraining the defendant, his agents or servants or both, assigns and successors in title from causing damage to the plaintiff’s said cocoa farm.”

In the course of the trial the plaintiff moved the court to have his writ of summons amended to include a claim for:

“(c) General damages for capsid rehabilitation and other incidental damage su…

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