LAW 101: Akonta re-enter Samreboi: Unratified leases, no permits, and civil trespass

" Final disposition, assessment of damages, and historical pattern Having declared Akonta Mining's lease invalid and its entry an illegal trespass, the High Court granted full relief to Samartex Timber & Plywood Company Ltd: Title & Possession Restored: Samartex was declared the lawful occupant of the disputed Samreboi land parcel (per Exhibit A) and granted an order for recovery of possession against Akonta Mining.

Without explicit Parliamentary ratification under Article 268(1) of the 1992 Constitution and mandatory environmental permits from the Environmental Protection Agency (EPA) and Forestry Commission under Section 18(1) of the Minerals and Mining Act, 2006 (Act 703), any physical entry onto private or stool-leased land constitutes an actionable civil trespass." The issues and judicial resolution The High Court settled five core issues, resolving them across three main legal determinations: Issue 1: Whether Samartex's surface lease or Akonta Mining's lease supersedes Akonta Mining contended that because minerals are vested in the President, an executive mining lease automatically extinguishes or overrides any prior surface lease.