[2010]DLCA7448March 9, 2010Court of Appeal

DR. SETH TWUM (PLAINTIFF/RESPONDENT) vs. THE DIRECTOR, OSEKWAP CO.LTD & 2 OTHERS (DEFENDANT/APPELLANT)

ADDOH J.A. This is an appeal from the judgment of His Lordship Mr. Justice F. Miezah Anyinnah sitting at the High court; Koforidua. By this judgment the Court held that the 1st defendant in the suit i.e. Osekwap Co. Ltd. and the Ghana Highway Authority should jointly and severally pay to the Respondent herein, the sum of ¢360,000,000.00(GH¢ 36,000.00) plus interest thereon at the prevailing bank rate from 10th October, 2004 to the date of final payment. The court also awarded costs of ¢ 25,000,000.00 (GH¢2,500.00) in favour of the Respondent. The brief facts of the case are that the Plaintiff/Respondent, a teak plantation owner discovered that many matured teak trees had been destroyed during a road construction. His enquiries revealed that the destruction was done by the workers of the 1st defendant company during and in the course of their employment to the 1st defendant. The farm owner i.e. plaintiff/Respondent counted the number of trees destroyed and got 450. He demanded...