EUGENE GUDDAH & ANOR
V.
GOLDFEILDS [GHANA] LTD.

(2005) JELR 69586 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/66/2014 ·  6 May 2005 ·  Ghana
CORAM
ADINYIRA [MRS] JA PRESIDING, ASIAMAH J.A., KANYOKE JA
Core Terms Beta
appellants
respondents
land
trial judge
learned trial judge
statement of defence
mining operations
internal tribunal
common law
final judgment
high court
provisions of the minerals
trial
writ of summons
case of the respondents
holders of a mining lease
large tract of land
proposed amendment
record of proceedings
learned judge
adequate compensation
amended statement of defence
farm lands
surface rights of the appellants
12th day of october
amended summons
clear evidence
close of pleadings
coverage area
disturbance of the right
facts of the case
farm lands of the appellants
following grounds of appeal
following issues
foremost file
holders of that mining lease
internal tribunal fails
judgment of the learned trial judge
learned counsel
light of ground
mining company
nana kru perkoh ii
notice of appeal
occupiers of any land
provisions of the said pndcl
subject-matter of this dispute
tail end of the proceedings of 3rd may
trial high court judge
virtue of this admission
weight of evidence

JUDGMENT

KANYOKE, JA

By their amended writ of summons issued on the 12th day of October 1999, at the High Court, Tarkwa the plaintiffs/appellants (hereinafter referred to simply as the appellants) claimed against the defendants/respondents (also hereinafter referred to as the respondents), the following reliefs:

“(a) A declaration that the plaintiffs and other members of the Kwabedu Farmers Association are entitled to compensation for the disturbance of the right to farms and farming land which have been acquired by the defendants for their mining operations and/or settlement of people.

(b) An order for the payment of fair and adequate compensation for farms and crops which have been destroyed and for farming activities which have been frustrated or curtailed by the operations of the defendants.”

The facts of the case as disclosed on the pleadings are that a group of farmers called Kwabedu Farmers Association had their farm lands surveyed and their crops enumerated by the Respondents, a M…

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