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

(2005) JELR 69586 (CA)

Court of Appeal 6 May 2005 Ghana
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- The appellants, a group of farmers, claimed compensation for the disturbance of their farming rights and destruction of crops caused by the respondents, a mining company. - The respondents argued that the appellants should have brought th

Case Details

Suit Number:CIVIL APPEAL NO. H1/66/2014
Judges:ADINYIRA [MRS] JA PRESIDING, ASIAMAH J.A., KANYOKE JA
Counsel:AGNES EWOOL FOR RESPONDENT. E.K. KEDDY FOR APPELLANTS

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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