THE ESTATE OF JOSEPH KOJO NTRAKWA REPRESENTED BY HELENA NTRAKWA AND SOLOMON NTRAKWA (PLAINTIFFS/RESPONDENTS) vs. BOGOSO GOLD LIMITED (DEFENDANT/ APPELLANT)

HONYENUGA JA This is an appeal against the judgment of the High Court, Sekondi, dated the 22nd day of October 2008. The facts of this appeal were that the second respondent’s father Joseph Kojo Ntrakwa cultivated one hundred and thirty-two (132) acre cocoa farm which he left behind. The 2nd respondent also cultivated 33 acres of cocoa farm at Ayensukrom. Joseph Kojo Ntrakwa like the 2nd respondent also cultivated food crops such as plantain and cocoyam in these cocoa farms. Both farms were cultivated with Tetteh Quarshie variety of cocoa which started yielding in 1980 with their various attendant cocoa harvests. The 2nd respondent was granted power of attorney to represent Mrs. Helena Ntrakwa who was granted probate in the Will of Joseph Kojo Ntrakwa (Deceased). The defendant, a mining company commenced operations at Bogoso in 1990 and as a result of its mining operations caused to issue from their manufacturing chimney offensive poisonous and unwholesome smoke, vapours and no.....