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GHANA CONSOLIDATED DIAMONDS LTD v. BOAHENE AND ANOTHER

1998

COURT OF APPEAL

GHANA

CORAM

  • AMPIAH JJ.A.
  • WUAKU
  • OSEI-HWERE

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Administrative Law
  • Tort Law
  • Civil Procedure

AI Generated Summary

This Court of Appeal case concerns competing claims over Ayawaso (“Ayawaso/Ayawaso”) fetish lands at Akwatia between the plaintiff, who held a diamond digging licence from the Akwatia stool, and the defendant-company, which held a government-granted concession and lease evidenced by certificate of validity No. 387. The High Court had awarded possession, injunction, damages and title to the plaintiffs, prompting the defendant-company’s appeal. Ampiah J.A., writing for the court, held that the certificate’s protection of fetish lands operates as a limitation on mining, not an exclusion from the concession. A 1952 agreement among the paramount stool, the Akwatia stool, and the company validly clarified the fetish grove’s extent and was enforceable without being a legal modification under Cap 136 section 34. The plaintiff’s licence conferred no entry right; under Act 123 section 8, any disposal affecting stool land required ministerial concurrence and a lease, which were absent, rendering the transaction void. The appeal was allowed, the plaintiffs’ claims dismissed, and the company’s counterclaim for declaration and injunction was granted.

JUDGMENT