MINING AND BUILDING CONTRACTORS LIMITED vs. ANGLOGOLD ASHANTI GHANA LIMITED

APPAU, JSC. On 28th April 2016, I refused an application filed in this Court by the plaintiff/respondent/applicant (hereinafter referred to simply as applicant), for special leave to appeal to this Court against the judgment of the Court of Appeal dated 17th Decmber, 2015. The application, which was filed on 21st March, 2016, was brought under article 131(2) of the Constitution, 1992. I exercised that jurisdiction as a single justice of the Supreme Court, vide article 134 of the Constitution, 1992. The article in question provides: “A single justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that – (a) in criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three justices of the Supreme Court; and (b) in civil mat...