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NICHOLAS AFFENYI & 76 ORS V. ABOSSO GOLDFIELDS LIMITED

(2018) JELR 67947 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/09/2017  •  8 Mar 2018  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), ANSAH JSC, YEBOAH JSC,APPAU JSC ,PWAMANG JSC

Judgement

JUDGMENT

PWAMANG, JSC:-

In this final appeal the main contention of the appellant is that upon a proper construction of Section 71(1) of the Minerals and Mining Act, 1986 (PNDCL 153) it had no statutory obligation to pay compensation in respect of buildings at Kyekyewere and farms at the old village since Kyekyewere and the old village were not within the land designated in its mining lease.

Section 71 of PNDCL 153 is as follows;

(1) The owner or occupier of any land subject to a mineral right may apply to the holder of the right for compensation for any disturbance of the rights of such owner and for any damage done to the surface of the land, buildings, works or improvements or to livestock, crops or trees in the area of such mineral operations.

(2) An application for compensation under subsection (1) of this section shall be copied to the Secretary and the Land Valuation Board.

(3) The amount of compensation payable under subsection (1) of this section shall, subject to the approval of t…

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