Ratio DecidendiRatio Decidendi



NANA ANIN AGYEKUM AND NANA WAWA ANIM II
V.
ADANSI ASAASI MINING CO. LTD AND PELANGIO MINES CO. LTD.

(2018) JELR 65768 (CA)    
Court of Appeal  ·  SUIT NO. H1/83/2016 ·  26 Feb 2018 ·  Ghana
CORAM
ADUAMA OSEI JA (PRESIDING), SENYO DZAMEFE JA, WELBOURNE (MRS.) JA

Ratio Decidendi

Core Terms Beta
plaintiffs
trial court
justice akuamoah boateng
german company
matthew kofi turkson
german miners
statement of claim
form of a card
john benson oduro
credible evidence
foreign companies
joint venture
mining concern
weight of the evidence
decision of the trial court
favour of the plaintiffs
grounds of objection
originals of all documents relative
recovery of the original copy of the card
trial judge
adansi asaasi mining company limited
apparent purpose of its incorporation
company’s register
concessions of the mining concern
conveyancing act
cross-examination of matthew kofi turkson
decision of the commercial division of the high court
end of the trial
evidence act
evidence of the plaintiff
following issues
gift of a concession
high court
mining industry
misapprehension of the principles of company law
plaintiff stool
reliable evidence
respect of its operations
said company
stool’s land
tracing of all records
trial settlement effort
trustees of the adansi asaasi stool
united states dollars

ADUAMA OSEI JA:

This is our judgment in an appeal against a decision of the Commercial Division of the High Court, Kumasi, dated the 30th of October, 2015, in which the High Court entered judgment against the 1st Defendant/Appellant in favour of the Plaintiffs/Respondents for all the reliefs claimed by them except two.

The Plaintiffs/Respondents instituted the action on their own behalf and on behalf of the Adansi Asaasi Asona Stool of Ashanti against the 1st Defendant/Appellant and the 2nd Defendant jointly and severally, and the reliefs claimed by them, as indorsed on their amended writ of summons, were as follows:

“(a) Recovery of the original copy of the card and the originals of all documents relative to the 1st defendant and mentioned in paragraphs 9 and 13 of the statement of claim.

“(b) A declaration that all directors of the 1st defendant are trustees of the Adansi Asaasi Stool and its allied communities and have been such trustees since 1974 when the 1st defendant was registere…

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