[2012]DLCA8630May 24, 2012Court of Appeal

KWABLA DZODANU, SETH LAVIE, PHILIP LARVIE, AMA MANSA AND DOE AKOGO vs. RUBBER PLANTATION LTD

OFOE,J.A: The facts of this case are simple and substantially not in dispute. The defendant/ appellant company (hereinafter referred to as the defendant) has acquired from the Divestiture Implementation Committee lands for the cultivation of a rubber plantation. The land was originally under the cultivation of the defunct State Farms Corporation. There is a lease agreement, Exhibit A, dated the 12th of March 1996 that mentioned that the land was now vested in the Stool of Asamankese. It had become necessary to pay compensation to some of the settlers on the said lands to enable the defendant carry out the rubber plantation project. The lease agreement enjoined the defendant company to commence the development of the site into a Rubber Plantation within 2 years after concurrence is granted to the said lease by the Administrator of Stool Lands. By paragraph 4b of the lease the defendant was to pay compensation at current rates for all crops and buildings on the land to be affected by th...