[2018]DLCA5493February 26, 2018Court of Appeal

NANA ANIN AGYEKUM AND NANA WAWA ANIM II vs. ADANSI ASAASI MINING CO. LTD AND PELANGIO MINES CO. LTD.

ADUAMA OSEI JA: This is our judgment in an appeal against a decision of the Commercial Division of the High Court, Kumasi, dated the 30th of October, 2015, in which the High Court entered judgment against the 1st Defendant/Appellant in favour of the Plaintiffs/Respondents for all the reliefs claimed by them except two. The Plaintiffs/Respondents instituted the action on their own behalf and on behalf of the Adansi Asaasi Asona Stool of Ashanti against the 1st Defendant/Appellant and the 2nd Defendant jointly and severally, and the reliefs claimed by them, as indorsed on their amended writ of summons, were as follows: “(a) Recovery of the original copy of the card and the originals of all documents relative to the 1st defendant and mentioned in paragraphs 9 and 13 of the statement of claim. “(b) A declaration that all directors of the 1st defendant are trustees of the Adansi Asaasi Stool and its allied communities and have been such trustees since 1974 when the 1st defe...