EUGENE GUDDAH & ANOR vs. GOLDFEILDS [GHANA] LTD. [2005]DLCA7012

Date	2005-05-06
Suit No.	CIVIL APPEAL NO. H1/66/2014
Citation No.	[2005]DLCA7012

ADINYIRA [MRS] JA PRESIDING

ASIAMAH J.A.

KANYOKE JA

AGNES EWOOL FOR RESPONDENT. E.K. KEDDY FOR APPELLANTS

[2005]DLCA7012
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													<main id="main" class="content" style="min-height: 60rem" >EUGENE GUDDAH &amp; ANOR<o:p></o:p>(PLAINTI FFS/APPELLANTS)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">GOLDFEILDS [GHANA] LTD.<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. H1/66/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 6TH
MAY, 2005<o:p></o:p>

</div>COUNSEL: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AGNES EWOOL FOR RESPONDENT. E.K. KEDDY
FOR APPELLANTS.<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;
padding:0in 0in 1.0pt 0in">

ADINYIRA [MRS] JA PRESIDING, ASIAMAH
J.A., KANYOKE JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>KANYOKE,
JA <o:p></o:p>By
their amended writ of summons issued on the 12th day of October 1999, at the
High Court, Tarkwa the plaintiffs/appellants (hereinafter referred to simply as
the appellants) claimed against the defendants/respondents (also hereinafter
referred to as the respondents), the following reliefs: <o:p></o:p>“(a) A declaration that the plaintiffs
and other members of the Kwabedu Farmers Association are entitled to
compensation for the disturbance of the right to farms and farming land
which have been acquired by the defendants for their mining operations and/or
settlement of people. <o:p></o:p>(b) An order for the payment of fair
and adequate compensation for farms and crops which have been destroyed and for
farming activities which have been frustrated or curtailed by the operations of
the defendants.”<o:p></o:p>&nbsp;The facts of the case as disclosed on the
pleadings are that a group of farmers called Kwabedu Farmers Association had
their farm lands surveyed and their crops enumerated by the Respondents, a
Mining Company and the holders of a Mining Lease over a large tract of land
including the farm lands of the appellants in and around Tarkwa in the Western
Region. After the enumeration 127 of the farmers were duly paid their
compensation by the Respondents. The Respondents however declined to pay
compensation to the appellants herein for the reasons that they did not require
their lands and secondly that they did not destroy their crops. As a result of
this the appellants instituted the action under the common law for compensation
for the disturbance of their right to the farms and farming lands and also
sought under the common law an order for the payment of fair and adequate
compensation for the farms and crops which they alleged had been destroyed and
for the farming activities which they alleged had been frustrated or curtailed
by the operations of the Respondents.<o:p></o:p>&nbsp;By their amended statement of defence filed on
the 19th day of November 1997, the case of the Respondents was that they were
holders of a Mining Lease granted to them by the Government of Ghana over large
tract of land which included the land in dispute. The Respondents pleaded
specifically in paragraphs 6 and 7 of the amended statement of defence and also
testified in court that as holders of that Mining Lease their operations were
governed by the provisions of the Minerals and Mining Law, 1986 (P.N.D.C.L.
153), and as such the appellants ought to have brought their claims under the
provisions of P.N.D.C.L. 153/86. The Respondents further pleaded and contended
that they would be only obligated to pay compensation to the owners or
occupiers of any land subject to the Mining Lease under the provisions of
P.N.D.C.L. 153 if they disturbed the right of that owner or occupier or if they
caused damage to the surface of his land, buildings, works or improvement or to
livestock crops or trees in the course of their Mining operations. According to
the Respondents, they had not in any way disturbed the surface rights of the
appellants and that even if they had in anyway disturbed the surface rights of
the appellants, the appellants could only apply for and obtain compensation in
accordance with the procedure laid down in P.N.D.C.L 153 of 1986 and not under
the common law. <o:p></o:p>On
the close of pleadings the following issues on the amended summons for
directions were agreed, settled and set down for trial. <o:p></o:p>“(a) whether or not the plaintiffs
have the capacity to sue for themselves and on behalf of other members of the
Kwabedu Farmers Association. <o:p></o:p>b) whether nor not any restriction on
the right to farm constitutes a disturbance of that right.<o:p></o:p>&nbsp;(c) whether or not the plaintiffs’ action is
premature and offends against the procedure laid down by law.<o:p></o:p></span</main>