[2018]DLCA5246 • January 16, 2018 • Court of Appeal
KWAMINA KORSAH vs. THE ATTORNEY-GENERAL & 2 OTHERS
IRENE CHARITY LARBI (MRS) J.A. (1) This is an appeal against the judgment delivered by the High Court, Cape-Coast on 9th June, 2015. It is pertinent that we give brief facts of the case for a better appreciation of this appeal. (2) The Appellant is a farmer who is ordinarily resident at Assin Kwaataa near Assin Fosu. He is the Krontihene of the town. The 1st Respondent is the Government’s Legal Adviser whilst the 2nd and 3rd Respondent i.e. the Ministry of Agriculture and State Oil Palm Plantation respectively are state institutions. Sometime in 1991 the Appellant instituted an action entitled “KWAMINA KORSAH VRS. STATE OIL PALM PLANTATION & ANOR. (SUIT NO./LS 46/91)” against the 2nd and 3rd Respondents for an order compelling the Defendants to pay compensation for himself and on behalf of some farmers whose crops were destroyed by the 2nd and 3rd Defendants sometime in 1975 to pave way for the cultivation of an Oil Palm Plantation at Assin Kwaataa. (3) On 25th Octo...