BOGOSO GOLD LIMITED vs. THE ESTATE OF JOSEPH NTRAKWA, KOJO NTRAKWA AND SOLOMON NTRAKWA

GBADEGBE, JSC:- This is an appeal from the judgment of the Court of Appeal that allowed in part the appeal lodged thereto by the appellants herein (hereinafter referred to as the defendants). By its decision the Court of Appeal affirmed the finding of the High Court, Sekondi with a variation in the various heads of damages that were allowed by the trial High Court in favour of the respondents (hereinafter referred to as the plaintiffs). It appears from the judgment of the Court of Appeal that it accepted the plaintiffs’ case that the damage caused to their cocoa farms was consequent upon the erection of a plant in the neighborhood by the defendants, which emitted noxious fumes from a chimney. Although the decision on appeal to us was not specific as to whether the cause of action for the tort, on which the action was based was in nuisance or negligence, before us the parties have conducted their cases on the common ground that for the plaintiffs to sustain their claims there must b.....