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NANA KONTOH & ANOR

(2018) JELR 65407 (CA)

Court of Appeal 16 Oct 2018 Ghana
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- This is an interlocutory appeal against the ruling of the High Court, Kumasi, which dismissed the defendant's application to dismiss the suit on jurisdictional grounds. - The case involves the dumping of waste from gold mining activities

Case Details

Suit Number:SUIT NO. H1/18/2016
Judges:ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.
Counsel:ANTHONY DESEWU FOR DEFENDANT/APPELLANT; NO REPRESENTATIVE FOR PLAINTIFF/RESPONDENT.

WELBOURNE, JA

This is an interlocutory Appeal against the Ruling of the High Court, Kumasi dated the 12th day of March 2014, which dismissed the Defendant/Appellant’s application praying the Honourable Court to dismiss on jurisdictional grounds the suit filed by the Plaintiffs/Respondents.

The said Ruling can be found at pages 38 to 46 of the Record of Appeal.

Brief facts:

This case is about the effect of mining activities on the environment. The facts of the matter as stated by the Plaintiffs/respondent in their pleadings is that the Defendants/appellant have for a number of years deposited waste in the form of cyanide and other chemicals from its gold mining activities into the river Apetikooko. The plaintiffs’farms are located down -stream through which flows the river Apetikooko. The Plaintiffscultivate cocoa,palm oil, cashew, avocado pear on acres of farmland. It is the plaintiffs’ case that the effect of the dumping of the waste by the Defendant had a negative effect on their produc…

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