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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 26 Feb 2018 Ghana
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- The Court of Appeal overturned the High Court’s judgment, holding that the plaintiffs had not acquired any legal interest in the German mining company or its concession, as there was no evidence of a valid transfer under the Companies Act

Case Details

Suit Number:SUIT NO. H1/83/2016
Judges:ADUAMA OSEI JA (PRESIDING), SENYO DZAMEFE JA, WELBOURNE (MRS.) JA
Counsel:KOFI ADDO FOR 1ST DEFENDANT/APPELLANT,OSCAR KOFI JUMAH FOR PLAINTIFFS/RESPONDENTS

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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