[2024]DLCA17867 • October 23, 2024 • Court of Appeal
KWABENA YEBOAH & ABIGAIL AGYEIWAA DANQUAH vs. PHILIP ACHEAMPONG
The plaintiffs, a married couple residing in Kumasi, invested money in the defendant's mining business after he represented that he had legal permits for small scale mining. The defendant allegedly misrepresented having the requisite licenses and concessions. The plaintiffs raised a loan of approximately GHC150,000 to GHC175,000 and entered into a joint venture agreement with the defendant, expecting profit shares. The defendant denied receiving the full amount claimed and contended the agreement was a joint venture with shared risks and profits. After disputes and failure to repay, the plaintiffs sought legal redress for recovery of their investment.
read moreJUDGMENT OBENG-DIAWUO (JA) INTRODUCTION Illegal mining popularly known as Galamsey as against legal small-scale mining has become the menace that has reared its ugly head in Ghana causing untold environmental and health hazards in the country. In view of its lucrative nature, it has attracted a lot of people who invest huge sums of money into same in anticipation of reaping huge profits. This case mirrors the issue of an alleged joint venture-ship by the parties in the case in an ill-fated small-scale mining and/or galamsey activity involving the plaintiffs/appellants (hereinafter called the plaintiffs) and the defendant/respondent (hereinafter called the defendant). THE FACTS The antecedent events culminating in this case unfolded this way. The plaintiffs are allegedly married couple residing in Kumasi. They are also involved in business activities in various shades. The defendant, also a resident in Kumasi, is admittedly involved in mining activities; albeit w...