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NICHOLAS AFFENYI & 76 OTHERS
V.
ABOSSO GOLDFIELDS LTD

(2014) JELR 63776 (CA)

Court of Appeal 10 Jul 2014 Ghana
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- The case involves a dispute over whether the appellant should pay compensation to the respondents for their farms as a result of the appellant's agreement to relocate the respondents from their village. - The respondents alleged that the

Case Details

Suit Number:CIVIL APPEAL NO. H1/162/2012
Judges:MARFUL-SAU JA (PRESIDING), GYAESAYOR JA, TORKORNOO GERTRUDE JA
Counsel:SALLY HAYFRON-BENJAMIN BOATENG FOR DEFENDANT/APPELLANT; DOUGLAS KORSAH BROWN FOR 1ST-39TH PLAINTIFF/RESPONDENT; ALEX ABBAN FOR 40TH-77TH PLAINTIFFS/RESPONDENTS.

JUDGMENT

MARFUL-SAU, JA

The fundamental issue raised in this appeal is whether or not the trial judge was right in ordering the appellant to pay adequate compensation for the farms of the respondents as a result of the appellants agreement to relocate the respondents from the village of Kyekyewere, near Tarkwa in the Western Region of Ghana. The respondents totalling 77 in all by their amended writ of summons filed on 4th December, 2003 sought the following reliefs against the appellant:-

“i. Compensation due to them for the farm crops lost by them due to their relocation as a result of the activities of the defendant company.

ii. Interest on such compensation from due date of final judgment at the prevailing bank rate.

iii. General damages for injuries and losses suffered by the plaintiffs as a result of the adverse effects of the environment pollution caused by the defendant surface mining activities and defendant’s failure to pay the agreed compensation as scheduled.

iv. Costs.”

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