SUMMABE PLANT LTD. vs. MINERALS COMMISSION AND 3 OTHERS

The Plaintiff, Summabe Plant Ltd., acquired a mining lease from the Government of Ghana on 27th October 2008 for five years, renewable for another five years. Upon approaching expiration, the Plaintiff applied for renewal, which was refused. The 2nd Defendant, responsible for environmental permits, issued an 18-month mining permit to the Plaintiff in 2008, which expired in 2010 and was not renewed due to environmental concerns. The 3rd Defendant confirmed the lease was restricted and expired in 2013, with renewal refused by the Minister in March 2014. The 4th Defendant was allegedly granted a mining lease for the same concession immediately after expiration. The Plaintiff claimed to have invested heavily in the concession and accused the Defendants of collusion and fraud to dispossess it of its rights. The Plaintiff sought various declaratory and injunctive reliefs to protect its interest in the Sedorm concession.

ADJEI, J.A: The Plaintiff/Appellant herein instituted the action which has culminated to this interlocutory appeal in the High Court Koforidua seeking for the following reliefs against the Defendants/Respondents herein. “a. An order setting aside the Honourable Minister for Lands and Natural Resources letter of March 18, 2014 on grounds of gargantuan fraud. b. An order setting aside the 4th defendant’s application for the Sedorm concession or Quary License with application No. 0000000517 dated June 11, 2014 and supported by the chief Director of the 3rd defendant on grounds of fraud and in clear contravention of all relevant legislations. c. An order of the Court directed at the 1st defendants Chief Executive Officer to disregard the Chief Director of 3rd defendants minutes of June 12, 2014 to process the plaintiff’s concession for the 4th defendant. d. A declaration that the Sedorm concession is the legally acquired property of the plaintiff, a fact which is known to all t...