[2018]DLHC4011 • February 8, 2018 • High Court
IN THE MATTER OF THE MINERALS AND MINING ACT, 2006 (ACT 703) AND OTHERS vs. MINISTER FOR LANDS AND NATURAL RESOURCES EX PARTE: EXTON CUBIC GROUP AND ATTORNEY GENERAL
The Applicant, Exton Cubic Group, a Ghanaian limited liability company, was granted three mining leases by the Government of Ghana covering areas in the Ashanti Region. The leases were signed on December 29, 2016. The Applicant complied with statutory obligations and obtained recommendations from the Minerals Commission. However, the Minister for Lands and Natural Resources revoked the leases by letter dated September 4, 2017, citing noncompliance with statutory requirements, including failure to publish notices, lack of environmental permits, and absence of parliamentary ratification. The Applicant challenged the revocation as unlawful and without due process.
read moreDECISION i. Introduction/Overview: [1] This is an application in the nature of Certiorari brought pursuant to Order 55 Rule 1 (a) and 4 of the High Court Civil Procedure Rules, 2004 C.I. 47. The Applicant, alleges that the Respondent Minister acted beyond his powers and breached the Applicant’s right to be heard when he revoked three mining leases granted the Applicant by the government of the Republic of Ghana. [2] Order 55 Rule 1 (a) and 4 (2) state: “1. An application for; (a) an order in the nature of mandamus, prohibition, certiorari or quo warranto; 4. (1) An application for. judicial review shall be made to the High Court by motion. (2) The motion shall be supported by an affidavit by or on behalf of the applicant which shall contain the following particulars (a) the full name, description and address for service of the applicant: (b) the facts upon which the applicant relies; (c) the relief or remedy sought by the applicant and the grounds on which he ...