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JUDGMENT
MAJORITY OPINION
PWAMANG JSC:
My Lords, the key issues that arise for our determination in this appeal against the judgment of the Court of Appeal dated 16th December, 2020 are not complicated.
The plaintiffs/appellants/appellants, to be referred to as “the plaintiffs”, claimed to be the usufructuary owners of various parcels of land within lands owned by the Stools of Afosu, Yaayaso, Mamanso, Adausena and Hwekwae in the Akyem Kotoku Area of the Eastern Region. In the year 2010 the defendant/respondent/respondent, to be referred to as “the defendant”, was granted a 15 years mining lease by the Government of Ghana that covered the plaintiffs’ said lands. In compliance with the Minerals and Mining Act, 2006 (Act 703), the defendant engaged the plaintiffs and other persons whose lands fell within the area of their mining lease and negotiated compensations payable to them for disturbance to their surface rights in respect of their lands. The negotiations concluded and certain amounts…