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AYIEM OIL MILLS LIMITED
V.
GHANA GAS COMPANY

(2022) JELR 109827 (SC)

Supreme Court 27 Jul 2022 Ghana
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- The court held that compensation for compulsorily acquired land and felled crops must be based on valuation by the Land Valuation Division (LVD) per the State Lands Act, 1962 (Act 125); Defendant failed to prove such valuation was done fo

Case Details

Suit Number:E2/74/18
Judges:DR. RICHMOND OSEI-HWERE J
Counsel:E. KWABENA GYAMFI ESQ. FOR THE PLAINTIFF PANIN FREDUA-AGYEMAN ESQ. FOR THE DEFENDANT

On 7th August, 2018 Plaintiff herein instituted action against the Defendant claiming the following reliefs:

i. The sum of GHC 35,288.93 being the balance of compensation payable to them by the defendants, of its palm trees, the defendants felled about August, 2012 but which sum the defendants have neglected to pay to the plaintiffs.

ii. Interest at the prevailing bank lending rate from August 2012 to the date of final judgment.

The incontrovertible facts leading to the writ are that in the year 2014, the Government of Ghana compulsorily acquired lands in the Western Region for the use and benefit of Defendant under the State Lands (Western Region Site for AtuaboAboadze Gas Pipeline) Instrument, E.I. 47 of 2014.

Defendant felled some trees belonging to the Plaintiff to enable the Defendant construct a gas pipeline from Atuabo to Aboadze. Pursuant to the provisions of the State Lands Act 1962, Act 125 and the E.I. 47 of 2014, the Lands Valuation Division (LVD) of the Lands Commission, a st…

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