FORESTRY COMMISSION
V.
DIVINE AGES TIMBER CO. LTD.

(2017) JELR 63725 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/141/2016 ·  6 Apr 2017 ·  Ghana
CORAM
KUSI-APPIAH J.A.-(PRESIDING), F.G. KORBIEH J.A., ACKAH-YENSU (MS.) J.A.
Core Terms Beta
appellant
respondent
defendant
evidence
weight of evidence
appeal
trial judge
appellate court
operational area
teak trees
trial
grounds of appeal
high court
learned trial judge
case of the respondent
credible evidence
crucial documentary evidence
defendant’s evidence keeps
estimated teak volume of 117.423m
favour of the plaintiff
plantation timber utilization contract
sufficient evidence
supreme court
additional grounds of appeal
breach of contract
case of the plaintiff
defendant’s exhibit
defendant’s timber plantation lot
entry permit
estimated volume
excess of gh
facts of the case
full trial
judgment of the high court
limited liability company
managing director
production of teak
refund of the sum of gh
respondent’s claim
said findings
said permit
shortfall of 959m
simple issue
totality of evidence
total volume of 2,173m
trial court’s conclusion
trial judge’s findings
written document

JUDGMENT

KUSI-APPIAH, J.A.: This appeal arises from the judgment of the High Court, (Fast Track Division), Accra, dated 21st day of February, 2014, entered in favour of the plaintiff/respondent (hereinafter referred to as the respondent) against the defendant/ appellant (hereinafter referred to as the appellant).

The simple issue in this appeal is a factual one of determining whether the plaintiff (now respondent) harvested the total volume of 2,173m3 teak trees which covered the GH₵500,000 it paid from the area allocated to it by the defendant (now appellant) herein. In my view, that issue was elaborately pleaded and adequately canvassed at the trial to obviate any blurring of it. I turn first to the facts of the case.

The case of the plaintiff (now the respondent) as gathered from its pleadings and especially from the evidence at the trial, is that, the respondent is a Limited Liability Company which carries on the business of felling and production of teak and timber trees. The respon…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login