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SAMARTEX TIMBER & PLYWOOD COMPANY LTD
V.
AKONTA MINING SERVICES

(2023) JELR 115997 (HC)

High Court 19 May 2023 Ghana
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- Plaintiff, holder of a valid lease over the disputed land, succeeded in an action for trespass and possession against defendant mining company, as defendant’s entry and operations were based on mining leases not yet ratified by Parliament

Case Details

Suit Number:E1/5/22
Judges:AFIA N. ADU-AMANKWA (MRS.) J.
Counsel:George E. Ansah (holding Samuel Adinkrah’s brief) appears for the Plaintiff. Esther A. Opoku (holding Kwame Adom-Appiah’s brief) appears for the Defendant.
Location:Sekondi

JUDGMENT

The plaintiff is a company registered under the laws of Ghana, having as its core business sawmilling, moulding, and production of sliced veneer, rotary wood lumber and plywood for exports. By a deed of lease dated 1st January, 2012, the Asankragwa Agona Royal Stool leased a 1112.55-acre land situate at Samreboi to the plaintiff for industrial and residential purposes for fifty years. The plaintiff has a sawmill, an office complex, bungalows, a golf course, an airstrip, a hospital, and schools, among other amenities on the land. The defendant, a mining company, entered onto the disputed land on the strength of two separate mining leasehold agreements she had entered into with the Government of Ghana on 23rd July, 2021 to mine gold on the land. According to the plaintiff, the defendant had excavated portions of her land without her consent and mounted barricades on her private roads, which she had constructed and placed security guards to man them. The defendant had also set up…

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