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NICHOLAS AFFENYI & 76 OTHERS V. ABOSSO GOLDFIELDS LTD

(2014) JELR 63776 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/162/2012  •  10 Jul 2014  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), GYAESAYOR JA, TORKORNOO GERTRUDE JA

Appearances
SALLY HAYFRON-BENJAMIN BOATENG FOR DEFENDANT/APPELLANT; DOUGLAS KORSAH BROWN FOR 1ST-39TH PLAINTIFF/RESPONDENT; ALEX ABBAN FOR 40TH-77TH PLAINTIFFS/RESPONDENTS.

Judgement

JUDGMENT

MARFUL-SAU, JA

The fundamental issue raised in this appeal is whether or not the trial judge was right in ordering the appellant to pay adequate compensation for the farms of the respondents as a result of the appellants agreement to relocate the respondents from the village of Kyekyewere, near Tarkwa in the Western Region of Ghana. The respondents totalling 77 in all by their amended writ of summons filed on 4th December, 2003 sought the following reliefs against the appellant:-

“i. Compensation due to them for the farm crops lost by them due to their relocation as a result of the activities of the defendant company.

ii. Interest on such compensation from due date of final judgment at the prevailing bank rate.

iii. General damages for injuries and losses suffered by the plaintiffs as a result of the adverse effects of the environment pollution caused by the defendant surface mining activities and defendant’s failure to pay the agreed compensation as scheduled.

iv. Costs.”

The brief…

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