RICASBED GHANA LIMITED vs. FORESTRY COMMISSION

JUDGMENT KOOMSON JSC: This appeal brings to the fore the age old problem Judges have been grappling with in the adjudication process, that is, the delay in bringing processes filed by parties at the various registries of courts to the attention of the Judges who preside over these Courts. FACTS OF THE CASE Sometime in December 2001, the Defendant/Appellant/Respondent (hereinafter referred to as “the Defendant”) received the sum of 40 million cedis (now GH¢4,000.00) from the Plaintiff/Respondent/Appellant (hereinafter called “the Plaintiff”). The purpose was for the Plaintiff to fell teak trees from one of the teak forests which the Defendant manages for and on behalf of the people of Ghana. The said 40 million cedis (GH¢4,000.00) was the stumpage fees. In the course of its operation in the Afrensu Brohuma Forest Reserve in the Ofinso District of the Ashanti Region, the Defendant stopped the Plaintiff from the entire thinning exercise on the basis of an allegation t...