JUDGMENT
The plaintiff is a farmer of Nkonya near Ayanfuri in the Amenfi East district of the Western Region, whilst the defendant is a company incorporated under the laws of Ghana and carries on business as a mining company. Prior to the commencement of her operations, the defendant obtained a permit from the Water Resources Commission to dam the six streams in the area. This allowed her to build a pond popularly referred to as the Asuafo pond, into which she engineered and diverted the overflow of the dam. The nature and design of the pond were to enable only a gentle flow of water into the environment without causing damage. In March 2021, water collected in the pond overflowed its banks, resulting in a massive flooding of the area, including the plaintiff's farmland. The plaintiff's fishponds and some crops were destroyed due to the flood. In spite of his calls on the defendant to compensate him for his loss, the defendant had refused to do so, hence the present action against the …