SOPHIA ADINYIRA (MRS.) JSC (PRESIDING):
Plaintiff-Appellant (Plaintiff) and Defendant-Respondent (Defendant) are both engaged in the business of waste management. On 13 October 2008, Plaintiff entered an agreement with the Accra Metropolitan Assembly (AMA), under which the Plaintiff was to pre-finance the construction of a refuse disposal facility at the disused stone quarry located at Sarbah, North-West of Oblogo, and operate the pit for a period of 3 years, subject to renewal. On 15 October 2008, the Plaintiff obtained an Environmental Permit (No. 2004) from the Environmental Protection Agency (EPA) for the construction and operation of the pit, and proceeded to do so.
Meanwhile, on 23 February 2009, Defendant negotiated with members of the Gbawe Kwartei family, which said that the land belonged to them, and paid GHC 200,000, a cow, a sheep and assorted drinks, for the right to use the pit for a period of 99 years. On 25 February 2009, the Kwartei family granted the Defendant acc…