JUDGMENT OF AZU CRABBE J.S.C.
The plaintiff's claim in this case was for £G100 (¢240.00) "substantial" damages against the defendant for "destruction" and "damage" to his properties. Giving particulars of his claim in his writ the plaintiff stated that he was the owner of cocoa and coffee farms, and within these farms he had also cultivated palm trees. These farms were lying and situated at Wenyime-Awudome and known as and commonly called "Wenyime." The plaintiff further stated as follows:
“The defendant about three weeks ago did without plaintiff's permission, consent and or knowledge fell down about 45 (forty-five) of those palm trees for the purpose of tapping. The defendant during the course of such unlawful act did cause damage also to plaintiff's cocoa and coffee trees much to the detriment of the plaintiff."
[p.339]
The plaintiff also claimed an order of injunction against the defendant, his agents and labourers from continuing the act of trespass and from tapping the palm trees already felled by the defendant, "pending final hearing and determination of the matter in issue."
It seems to me that looking at the writ very closely the claim for an order of injunction was really an application for an interlocutory order for injunction. The local court magistrate who heard the case also treated the plaintiff's second claim as such, for after taking the defendant's plea, he recorded as follows:
"Court: As it is I am satisfied that interim injunction order as sought is necessary for the preservation of the peace . . .
Both parties are hereby restrained from entering into the disputed land until the final determination of the case at issue."
Subsequently, the defendant filed a statement of defence which he called a "counterclaim," and for a clear appreciation of the issues raised in this case I reproduce in full the so-called "counterclaim":
"COUNTERCLAIM:
The Deft./Counter Claimant claims from the Plaintiff herein the sum of £100/-/- (¢240.00) being damages of counter claim for unlawful claims laid by the Plaintiff on the Deft./Counter Claimant's palm trees, cocoa farm and coffee.
To wit: That the Deft./Counter Claimant has been in possession of a land commonly known and called Wenyime containing palm trees, and planted cocoa and coffee thereon, which land lying situated and being at Tsito Awudome District; and bounded on the North by my own property; on the South by my own property; on the East by my own property; a place where my village lyi
