Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

KWABLA DZODANU & ORS v. RUBBER PLANTATION LTD

2012

COURT OF APPEAL

GHANA

CORAM

  • AKAMBA, J.A. (PRESIDING)
  • APALOO, J.A.
  • OFOE, J.A

Areas of Law

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

AI Generated Summary

The appeal arises from a dispute over compensation obligations linked to a rubber plantation project on land formerly held by the State Farms Corporation and acquired through the Divestiture Implementation Committee, later leased under Exhibit A (12 March 1996) to the Stool of Asamankese. The lease required compensation for affected crops and buildings. After the Administrator of Stool Lands and valuation authorities enumerated crops, the company sought appointment of a surveyor, asserting farmers were expanding and demarcation was needed; plaintiffs maintained the only live issue was compensation, already quantified by enumeration. The trial judge refused the appointment. On appeal, OFOE, J.A., articulating the appellate standard for reviewing discretionary orders and citing Kyenkyenhene vrs Adu and Ballmoos vrs Mensah, held that the trial judge considered relevant matters and that demarcation would not advance adjudication. The Court of Appeal dismissed the appeal; AKAMBA, J.A. (Presiding) and APALOO, J.A. concurred.

JUDGMENT