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FORESTRY COMMISSION V. DIVINE AGES TIMBER CO. LTD.

(2017) JELR 63725 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/141/2016  •  6 Apr 2017  •  Ghana

Coram
KUSI-APPIAH J.A.-(PRESIDING), F.G. KORBIEH J.A., ACKAH-YENSU (MS.) J.A.

Judgement

JUDGMENT

KUSI-APPIAH, J.A.: This appeal arises from the judgment of the High Court, (Fast Track Division), Accra, dated 21st day of February, 2014, entered in favour of the plaintiff/respondent (hereinafter referred to as the respondent) against the defendant/ appellant (hereinafter referred to as the appellant).

The simple issue in this appeal is a factual one of determining whether the plaintiff (now respondent) harvested the total volume of 2,173m3 teak trees which covered the GH₵500,000 it paid from the area allocated to it by the defendant (now appellant) herein. In my view, that issue was elaborately pleaded and adequately canvassed at the trial to obviate any blurring of it. I turn first to the facts of the case.

The case of the plaintiff (now the respondent) as gathered from its pleadings and especially from the evidence at the trial, is that, the respondent is a Limited Liability Company which carries on the business of felling and production of teak and timber trees. The respon…

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