GH - RICASBED GHANA LIMITED and other v. FORESTRY COMMISSION

KOOMSON JSC:

This appeal brings to the fore the age old problem Judges have been grappling

with in the adjudication process, that is, the delay in bringing processes filed by

parties at the various registries of courts to the attention of the Judges who

preside over these Courts.

FACTS OF THE CASE

Sometime in December 2001, the Defendant/Appellant/Respondent

(hereinafter referred to as “the Defendant”) received the sum of 40 million

cedis (now GH¢4,000.00) from the Plaintiff/Respondent/Appellant (hereinafter

called “the Plaintiff”). The purpose was for the Plaintiff to fell teak trees from

one of the teak forests which the Defendant manages for and on behalf of the

people of Ghana. The said 40 million cedis (GH¢4,000.00) was the stumpage

fees.

In the course of its operation in the Afrensu Brohuma Forest Reserve in the

Ofinso District of the Ashanti Region, the Defendant stopped the Plaintiff from

the entire thinning exercise on the basis of an allegation that the Plaintiff had

illegally felled some 150 teak trees from the forest reserve. The Defendant

based on this allegation imposed a fine of 18 million cedis (GH¢1,800.00) as a

penalty on the Plaintiff. The Plaintiff paid the said fine to the Defendant.

At the time the Defendant stopped the Plaintiff, the latter had felled some 350

logs which the Plaintiff could not evacuate. The Plaintiff petitioned the Board of

the Defendant. After some investigation of the alleged misconduct of the

Plaintiff, the Board of the Defendant directed that the Plaintiff be allowed to

harvest 922 teak trees from the Afrensu Brohuma Forest to compensate for the

40 million cedis (GH¢4,000.00) fees paid, the fine imposed and paid by the

Plaintiff, as well as the 350 logs which the Plaintiff could not evacuate as a

result of the stoppage.

The Plaintiff could not harvest the 922 teak trees until the permit expired on

the 31st October, 2005. The permit was dated 8th July 2005. The dispute

between the parties eventually ended at the High Court when the Plaintiff sued

the Defendant asking for the following reliefs as per its amended writ of

summons:

(a) Special damages in the sum of USD$475,404.79 being the

loss of revenue from the export of the 922 teak trees.

(b) Interest on the (a) at the current commercial bank rate

from January 2002 until same is completely and finally paid.

interference with Plaintiff’s business.

(d) Cost including but not