SKY GOLD MINES LIMITED
V.
SAMHENK MINING COMPANY LIMITED & ANOTHER

(2017) JELR 67205 (HC)

High Court 24 Mar 2017 Ghana
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- The Plaintiff/Applicant sought an interlocutory injunction to prevent the Defendants/Respondents from entering a disputed mining concession and conducting mining activities until the final determination of the pending suit. - The Plaintif

Case Details

Suit Number:SUIT NO. TOCC/01/2017
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:JOHN BRIFO FOR THE PLAINTIFF/APPLICANT,FRANCIS KOFFIE FOR THE DEFENDANTS/RESPONDENTS

RULING

OSEI-HWERE J.

On 7 September, 2016, the Plaintiff/Applicant herein brought this instant application for an interlocutory injunction pursuant to Order 25 of the High Court (Civil Procedure) Rules (C.I 47). The Plaintiff/Applicant is praying this honourable court to restrain the Defendants/Respondents, their servants, assigns or agents from entering the concession in dispute and from carrying out any mining activities therein pending the final determination of the pending suit.

The grounds of the application are contained in the affidavit in support filed on 7/09/2016.

The Respondents are opposed to the application and have demonstrated the grounds in the affidavit in opposition filed on 17/01/2017.

Both parties also filed their statements of case as required by law on 7/09/2016 and 17/01/2017 respectively.

In his written submissions, learned Counsel for the applicant referred this court to the cases of Vanderpuye v. Nartey (1977) 1 GLR 428 CA and Frimpong v. Nana Asare Obeng II (1974)…

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