STATE GOLD MINING CORPORATION vs. PIETERSON AND OTHERS [1988]DLCA808

Date	1988-02-04
Suit No.
Citation No.	[1988]DLCA808

AMUA-SEKYI J.S.C.

AMPIAH JA

ESSIEM J.A.

KWAME TETTEH FOR THE APPELLANTS.

ARCHAMPONG FOR THE RESPONDENTS.

[1988]DLCA808
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													<main id="main" class="content" style="min-height: 60rem" >STATE GOLD MINING CORPORATION <o:p></o:p>vs. <o:p></o:p>PIETERSON AND OTHERS <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 1 GLR 428<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DATE 4
FEBRUARY 1988<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KWAME TETTEH FOR THE APPELLANTS. <o:p></o:p>

ARCHAMPONG FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AMUA-SEKYI J.S.C., AMPIAH AND ESSIEM
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMUA-SEKYI J.S.C.<o:p></o:p>The late
William Edmund Pieterson, a native of Awukugua in Akuapem, but for many years a
resident of Cape Coast, died in 1927. In 1970, that is some 43 years later, his
children Edmund, Ernestina and Ernest issued a writ at the High Court, Sekondi
against the defendant-corporation claiming damages for trespass alleged to have
been committed by the corporation in respect of three mining concessions they
said belonged to their late father. The case came before Charles Crabbe J. (as
he then was) who, after hearing preliminary arguments, entered judgment in
favour of the plaintiffs. His decision was, however, reversed on appeal and a
retrial ordered before the High Court, Accra. Anterkyi J. took evidence and
gave a judgment on the merits in favour of the plaintiffs. The present appeal
is from that judgment.<o:p></o:p><o:p>&nbsp;</o:p>The
concessions are Hunt’s Pieterson’s Deep Levels, Pieterson’s Deep Levels and
Pieterson’s Abontiakon, all in the Tarkwa area. The defendants admitted that
Pieterson was the holder of Pieterson’s Abontiakon, but averred that he
assigned the concession to a mining company in or about June 1899 As to Hunt’s
Pieterson’s Deep Levels and Pieterson’s Deep Levels, the defendants denied that
Pieterson ever held them. They said that the former was leased to Frederick
Giles Hunt on 3 October 1902 and the latter, to Douglas John Neame on 10
January 1901. According to them certificates of validity No. 173 and 172 were
issued for the two concessions.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
defendants relied heavily on the report of Concession Enquiry No. 446 (Axim)
and No. 800 (Cape Coast) (1903) 1 Ren. 261 decided by the Full Court in 1903.
The case was an appeal from the judgment of Fennington J. granting a
certificate of validity to the claimants in Concession Enquiry No. 446 (Axim),
Pieterson’s Deep Levels. The appellants were the opposers and claimants in
Concession Enquiry No. 800 (Cape Coast), Pieterson’s Abontiakon. The judgment
begins at 271. It is recorded that Pieterson took two leases dated 10 January
1890 and 8 January 1897 and that in 1898 one Gwira, a civil and mining
engineer, went to England on behalf of Pieterson and entered into negotiations
with the Ashanti Gold Coast Abontuyakun Co. Ltd. with regard to Pieterson’s
leases and that in June 1899 Pieterson assigned the leases to the company. The
report shows, and the judgment confirms, that Pieterson gave evidence for his
assignees and an account was given of how No. 446 (Axim) owned by Neame was
named by his agent, one Swift, as Pieterson’s Deep Levels to distinguish it
from the reef mine which constituted No. 800 and which had been named after
Pieterson.<o:p></o:p><o:p>&nbsp;</o:p>In the
course of the trial before Anterkyi J. the certificates of validity of the
three concessions were tendered in evidence. Exhibit B, which relates to Pieterson’s
Abontiakon, describes the Ashanti Gold Coast Acquisitions Ltd. as “present
holders” of the concession, thus confirming that as at the date of issue of the
certificate, that is 16 September 1907, Pieterson was not the holder. The
certificate was published in the Gold Coast Gazette No. 68 of 12 October 1907.
Exhibit 2 shows that Hunt’s Pieterson’s Deep Levels was originally leased to
Hunt and that as at the date of the certificate, that is 28 September 1906, the
persons entitled to the benefit of the concession and of the certificate of
validity were the Fanti Mines Ltd. Exhibit G is the certificate of validity
issued on 5 August 1903 by Pennington J. in favour of Neame as holder of
Pieterson’s Deep Levels.<o:p></o:p><o:p>&nbsp;</o:p>The
documentary evidence puts beyond dispute the fact that Pieterson was never the
holder of Pieterson’s Deep Levels or Hunt’s Pieterson’s Deep Levels, and
establishes that although he was once the lessee of Pieterson’s Abontiakon he
assigned his interest to the Ashanti Gold Coast Acquisitions Ltd. In those
circumstances, Pieterson had no property in any of the concessions which he
could pass to his children.<o:p></o:p>