ANGLOGOLD ASHANTI LTD.
V.
NANA KONTOH & ANOR

(2018) JELR 65407 (CA)    
Court of Appeal  ·  SUIT NO. H1/18/2016 ·  16 Oct 2018 ·  Ghana
CORAM
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.
Core Terms Beta
respondents
high court
compensation
defendant
jurisdiction
condition precedent
government agency
plaintiffs
parties
mining act
appellate court
trial court
adequate compensation
compensation claims
inter alia
record of appeal
case
fundamental human rights
learned trial judge
respondents’ action
such original
abuse of the process of the court
aforementioned statutory provisions
appellant’s application
brief facts
case of agyeiwaav
case of compulsory acquisition of property
case of mamuduwangara v. gyatowangara
case of the defendant
case of tuakwa v. bosom
civil case
dictum of the supreme court
effect of mining activities
enforcement of a judgment
facts of the matter
fertile land
ghana constitution
high court judge
holder of the mineral right compensation
honourable court
house no. knt
instant appeal
interlocutory appeal
own property
plaintiffs’ case
plaintiff’s land
respondents herein.they
ruling of the high court
statement of claim
submissions of counsel

WELBOURNE, JA

This is an interlocutory Appeal against the Ruling of the High Court, Kumasi dated the 12th day of March 2014, which dismissed the Defendant/Appellant’s application praying the Honourable Court to dismiss on jurisdictional grounds the suit filed by the Plaintiffs/Respondents.

The said Ruling can be found at pages 38 to 46 of the Record of Appeal.

Brief facts:

This case is about the effect of mining activities on the environment. The facts of the matter as stated by the Plaintiffs/respondent in their pleadings is that the Defendants/appellant have for a number of years deposited waste in the form of cyanide and other chemicals from its gold mining activities into the river Apetikooko. The plaintiffs’farms are located down -stream through which flows the river Apetikooko. The Plaintiffscultivate cocoa,palm oil, cashew, avocado pear on acres of farmland. It is the plaintiffs’ case that the effect of the dumping of the waste by the Defendant had a negative effect on their produc…

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