[2014]DLCA4758 • May 27, 2014 • Court of Appeal
GBANDAAN GBEGRE TENG vs. NABA POBORTAABA NAABIL, AWUDU PAGRA NAABIL, CHARLES NDANBON AND SHAANXI MINING GHANA LTD
The Plaintiff, acting as lawful Attorney of Gbandaan Gbegre Teng, head of Gbani clan, filed suit against the Defendants for mining on approximately 747.41 acres of land in Gbani, Talensi District, Upper East Region. The Plaintiff claimed the 1st Defendant, the chief of Gbani, granted mining rights to the 2nd, 3rd, and 4th Defendants without his consent, causing hardship and economic loss to the Gbani clan. The Defendants contended the 1st Defendant had authority to grant mining concessions approved by the Government of Ghana, and that they had invested over $50 million in lawful mining operations under the Minerals and Mining Act, 2006 (Act 703).
read moreBARBARA ACKAH-YENSU, JA This is an appeal against the Ruling of the High Court, Bolgatanga in respect of an application by the Plaintiff/Appellant (hereinafter simply referred to as “Plaintiff”) in which he sought an order of interim injunction to restrain the 2nd, 3rd and 4th Defendants/Respondents (also to be referred to simply as Defendants), or their agents, workmen, heirs, successors or assigns from entering or continuing to enter or otherwise remaining on all that piece or parcel of land containing an approximate area of 747.41 acres situate lying and being at a place commonly called and known as Gbani in the Talensi District of the Upper East Region bounded to the North, South and East by other Gbani lands and to the West by the Oun stream; and from carrying out gold or any other mining or related operations thereon, pending final determination of the suit. The grounds for the said application as deposed to in the supporting affidavit were that the Plaintiff acting as th...