EBENEZER OBENG DOMPREH v. ANGLOGOLD ASHANTI GHANA (LTD)

This Ghana Court of Appeal decision, authored by V. D. Ofoe JA, arises from a dispute over compensation for six fish ponds constructed by the plaintiff at Adansi Diawuoso in Obuasi before May 2012. The defendant mining company undertook environmental remediation, clearing waste rock debris along the Pompo River within its general environmental liability area, and took over the pond site. The plaintiff sought compensation for cost of production and expected income totaling GH3,654,000, relying principally on an estimate (Exhibit E) he said he submitted to a defendant officer, Mr. Elton. The trial court found the ponds were built before a 30 June 2012 cut-off and within the defendants operational area; it rejected trespass, accepted costs evidenced by a lease (Exhibit A) and fingerlings purchase (Exhibit C), and awarded general damages totaling GH89,080 while rejecting Exhibit E and loan evidence. On appeal, the court affirmed the rejection of Exhibit E for lack of strict proof and clarified that self-serving documents are admissible but weight-based. It upheld the finding that the ponds lay within the operational area, rejected trespass, and varied general damages for the ponds from GH60,000 to GH100,000, otherwise dismissing the appeal.