AMOAKO ATTA IV AND OTHERS v. NUAMAH

JUDGMENT OF AKUFO-ADDO J.S.C.

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 sum of £G1,300 being as to £G800 money expended by the plaintiff in pursuance of a timber felling agreement dated the 14th October, 1960, made between the defendants of the one part and the plaintiff of the other part which agreement the defendants have broken and as to £G500 general damages for breach of the said agreement."

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.

The plaintiff by his statement of claim averred as follows:

"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. & Sons, Ltd. as to which of them was entitled to fell timber in the Jejeti area.

[p.435]

5. The matter was investigated by the Assistant Conservator of Forests at Koforidua and in a letter dated the 14th November, 1960, he instructed the police at Anyinam to allow Dafoor Bros. & Sons, Ltd. to fell timber in the area as they had the valid felling agreement.

6. The plaintiff has since then been prevented from carrying out the timber felling operations on the Jejeti stool lands and as a result he has suffered loss."

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 th