BUAFUL v. CONSTRUCTION PIONEERS

Justice Wuaku adjudicated a contractual dispute over gravel removal from Brafo Yaw land between the successors of the original parties: landowner Nana Kofi Amanyi III (substituted by Opanyin Kweku Buaful) and Carl Ploetner Engineering Construction (Ghana) Ltd (replaced by Construction Pioneers). The agreement fixed payment at 2,000 for 6,000 cubic yards of gravel; defendants paid for the initial quantity but disputed liability for subsequent removal, arguing the material was a state-vested mineral and their payment was made under mistake. The Attorney-General was joined but did not participate, and defendants ceased attending after their defence. Applying the Minerals Acts definition and a dictionary meaning, the court held gravel is not a mineral and no mining licence applied, affirming liability under the agreement. On quantity, the court rejected a memory-based 117,000 cubic yard estimate but accepted defendants correspondence acknowledging 21,061.95 cubic yards beyond the initial 6,000, calculating 7,020.65 due at the contractual rate. Citing English authorities, the court dismissed the counterclaim for refund of 2,000 as irrecoverable mistake of law. Plaintiffs locus standi was affirmed; judgment and costs were awarded.