ANGLOGOLD ASHANTI LIMITED vs. CHARLES FOSU & 2 ORS

WELBOURNE, JA This is an interlocutory appeal against the ruling of the High Court, Kumasi dated the 19th day of December 2016, which dismissed the Defendant/Appellant’s application praying the Honourable Court to dismiss on jurisdictional grounds the suit filed by the Plaintiffs/Respondents. In this appeal, the Plaintiffs/ Respondents will be described as Respondents and the Defendant/Applicant as Appellant. BRIEF FACTS: The Appellant is a mining company whose operations are governed by the Minerals and Mining Act, 2006 (Act 703). The Respondents, one hundred and eighty-six (186) in number are farmers based at Nhyiaeso and Apitikoko villages near Obuasi. In or around 2008/2009 the Respondents reported to the Appellant that its gold mining activities has caused massive destruction on their cocoa and oil palm seedlings. The Respondents in their statement of claim in paragraphs 12 and 13 stated that it took them several months to get the Appellants to engage experts to undert.....