[2012]DLCA8650November 15, 2012Court of Appeal

FREDERICK MENSAH vs. DIRECTOR NEWMONT AND NEWMONT GOLD GH. LTD.

OFOE, J.A.: The defendant acquired a mining lease from the government of Ghana in Adausena in the New Abirem District of the Eastern Region. By law it is obliged to pay compensation to persons, including farmers, who found themselves on the acquisition area and were to be displaced. The plaintiff, a farmer, happens to be one of these persons. It is the accepted practice that the farmer affected, in this case the plaintiff, the chief farmer of the area, officials of the defendant company and an officer of the Land Valuation Board approves of the type and quantities of the crops found on the affected farmers land. What was found on plaintiff’s land and signed by these personalities was tendered as exhibit A. The dispute between the plaintiff and the defendant in the trial court and indeed in this court is in respect of some 5000 nursery seedlings which plaintiff claims he is entitled to be compensated for. The defendant does not intend paying the plaintiff this demand because it is it.....