JUDGMENT

Richard Malanjum J:

The Action

In this action the plaintiffs are seeking for the following orders: (verbatim),

(a) Specific performance by the defendants of the said agreement dated 25 March 1994 in that the defendants are to extract all the merchantable timber standing on the said Land and deliver the same to the plaintiffs;

(b) For an injunction to restrain the defendants, their attorney or servant or agent from committing a breach of the said agreement dated 25 March 1994 in selling the timber extracted from the said Land to any other individual or company, save to the plaintiffs; (c) Damages;

(d) Costs; and

(e) Such other relief as the Court deems fit.

But in his final submissions learned Counsel for the plaintiffs asked for (a) and (b) with (c) as the alternative and (d) thereof.

For the defendants, their defence to the claim may be summarised as follows:

(i) breach of the agreement and failure of the plaintiffs to perform satisfactorily the obligations under the Power of Attorney granted to them;

(ii) that the agreement and the Power of Attorney constituted an assignment of the rights of the defendants in contravention of the provisions of the Forests Enactme