[2021]DLCA11033November 4, 2021Court of Appeal

THE REPUBLIC vs. NEWMONT GHANA GOLD LIMITED, THE MINISTER IN CHARGE OF MINES, THE ATTORNEY GENERAL (RESPONDENTS/RESPONDENTS) EX PARTE GABRIEL NSIAH ABABIO (NSANAAHENE), MAAME AKOSUA KOBI, MAAME ABIRI, ABENA ATAA

RICHARD ADJEI-FRIMPONG JA; This litigation has ensued from the mining exploits of Newmont Ghana Gold Limited, the 1st respondent herein. Sometime in 2001, the government of Ghana granted a mining lease over a large tract of land in the Kenyasi area in the now Ahafo region to the mining giant. Sequel to the grant, the 1st respondent in February 2004, declared a portion of the land comprised in the lease as a mining area for purposes of its full mining operations. It then embarked on a process to pay compensation for disturbance of surface rights in accordance with the provisions of Section 71 of the Minerals and Mining Law (1986), PNDCL 153, then applicable. The process was said to involve crop enumeration/survey of all farms falling within the mining area and the issuance of crop chit prepared for farm owners and lawful occupiers of the land. Few years later between 2004 and 2006, based on the crop enumeration/survey, compensations were paid to those captured in the exercise. These...