MOHAMMED YAHAYA ALHASSAN HOUSE NO T T 77 TUTUKA vs. KENNETH BEZUA, ZAKARIA ADAMS AND YAW KETEWA TENDAANA

DOMAKYAAREH (MRS),J. A. 1. This is an appeal against the judgment of the Commercial Court, Kumasi dated 17th July 2014 in which judgment was given against the plaintiff/appellant herein (herein after called the plaintiff). BACKGROUND OF THE CASE: The case of the plaintiff at the trial court: 2. The plaintiff, per his Writ of Summons, Amended Statement of Claim and testimony in court averred that in May 2011, he and the defendants/respondents (hereinafter called the defendants) who are all members of the Artisan Small Scale Miners Association Cooperative Society of Obuasi entered into an oral agreement to use the defendants’ field as a passage to his gold mining site. According to him, the defendants agreed to allow him to use the passage through their said field but on terms that the defendants would be given 3 out of every 4 portions of any ore the plaintiff may discover and in return the defendants agreed to share the cost of discovering the said site. The plaintiffs case.....