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FORESTRY COMMISSION

(2024) JELR 111812 (SC)

Supreme Court 20 Mar 2024 Ghana
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- The case involves a dispute between the Plaintiff and the Defendant over the felling of teak trees in a forest reserve. - The Plaintiff paid the Defendant a fee for the right to fell teak trees, but the Defendant stopped the Plaintiff fro

Case Details

Suit Number:CIVIL APPEAL NO. J4/38/2023
Judges:OWUSU (MS.) JSC (PRESIDING) AMADU JSC KULENDI JSC KOOMSON JSC DARKO ASARE JSC
Counsel:PAUL K. OPOKU ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT WITH HIM, DOROTHY ESINAM TETTEY. MICHAEL AKOWUAH ESQ. FOR THE DEFENDANT/APPELLANT/RESPONDENT.

JUDGMENT 

KOOMSON JSC:

This appeal brings to the fore the age old problem Judges have been grappling with in the adjudication process, that is, the delay in bringing processes filed by parties at the various registries of courts to the attention of the Judges who preside over these Courts.

FACTS OF THE CASE

Sometime in December 2001, the Defendant/Appellant/Respondent (hereinafter referred to as “the Defendant”) received the sum of 40 million cedis (now GH¢4,000.00) from the Plaintiff/Respondent/Appellant (hereinafter called “the Plaintiff”).  The purpose was for the Plaintiff to fell teak trees from one of the teak forests which the Defendant manages for and on behalf of the people of Ghana.  The said 40 million cedis (GH¢4,000.00) was the stumpage fees.

In the course of its operation in the Afrensu Brohuma Forest Reserve in the Ofinso District of the Ashanti Region, the Defendant stopped the Plaintiff from the entire thinning exercise on the basis of an allegation that the Plaintiff had …

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