AMUAYI COMPANY LIMITED vs. ADAMUS RESOURCES LIMITED [2013]DLCA3625

Date	2013-04-18
Suit No.	SUIT NO. H1/33/2012
Citation No.	[2013]DLCA3625

C.J. HONYENUGA JA

DENNIS ADJEI JA

BABARA ACKAH YENSU JA

NANA BEDIATUO ASANTE FOR THE DEFENDANT/APPELLANT

PHILIP NKRUMAH ESQ. FOR THE PLAINTIFF/RESPONDENT

[2013]DLCA3625
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													<main id="main" class="content" style="min-height: 60rem" >AMUAYI
COMPANY LIMITED<o:p></o:p>vs.<o:p></o:p>ADAMUS
RESOURCES LIMITED<o:p></o:p>&nbsp;[COURT OF APPEAL, SEKONDI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. H1/33/2012&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 18TH APRIL, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>NANA
BEDIATUO ASANTE FOR THE DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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PHILIP
NKRUMAH ESQ. FOR THE PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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C.J.
HONYENUGA, JA DENNIS ADJEI, JA AND BABARA ACKAH YENSU, JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>The facts of the case which culminated in this
appeal looks complex but in reality it is not. To me, based on the evidence on
record the facts are simple and straight forward and not what the trial High
Court Judge took them to be. The facts as gleaned from the evidence on record
are that Amuanyi, Company Limited, the Plaintiff / Respondent acquired mining
concession known as Ebi concession from the Government of Ghana. On 22nd
February, 1996 the plaintiff entered into a joint venture agreement with
Vanquelin Mines Limited and the subject matter of the agreement was the Ebi
concession the plaintiff acquired from the government of Ghana.<o:p></o:p><o:p>&nbsp;</o:p>The terms of the joint venture agreement have been
well set out in the agreement which was tendered as Exhibit ‘A’. During the subsistence
of the agreement between the plaintiff and Vanquelin Mines Limited, the latter entered
into an agreement with another company known as West Africa Mining Exploration
Corporation which is also known as Semafo. By the said agreement, Semafo
acquired fifty percent (50%) of the rights held by Vanquelin Mines Limited in
the Ebi Concession and the terms of the agreement was subject to the covenants
and conditions contained in the Joint Venture Agreement executed between
Vanquelin and Amuanyi Company Limited on 2nd February, 1996 that is
exhibit ‘A’. On 1st September, 1996, when the two (2) earlier
agreements were subsisting the plaintiff herein assigned its interest in the
Ebi Concession to Semafo (Ghana) Limited. This assignment was tendered in
evidence by the plaintiff as exhibit ‘C’. Under exhibit ’A’ Vanquelin Mines
Limited was to make some payments to the plaintiff and when the plaintiff
assigned interest in Ebi Concession to Semafo, Semafo continued to pay the
monies which Vanquelin Mines Limited was to pay to the plaintiff under Exhibit
‘A’. Semafo made that payment to the plaintiff on 27th February,
1998; that is barely six (6) months after the plaintiff had assigned its
interest to Semafo. At a point in time, Semafo also transferred its shares to
Adamus Resources Limited. The plaintiff expected the defendant for having
acquired all the shares of Semafo to continue to pay the monies which Vanquelin
was paying under Exhibit ‘A’ but it refused to pay on the premise that the
plaintiff assigned its absolute interest in the Ebi Concession to Semafo and
did not have any subsisting interest in the Ebi Concession to confer any right
on it.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff therefore took out a writ against
the defendant for the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>“(a)&nbsp; A declaration that the Defendant being an
eventual assignee of Vanquelin Mines Limited assumes all the legal obligation
of the said company under the Joint Venture agreement of 22nd
February, 1996.<o:p></o:p><o:p>&nbsp;</o:p>(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Several damages for breach of the terms
of the said joint venture agreement”.<o:p></o:p><o:p>&nbsp;</o:p>On 7th June, 2010, the trial High Court
Judge gave judgment in favour of the plaintiff. The trial High Court Judge
found that the defendant had failed to pay the monies it should have paid to
the plaintiff under exhibit ‘A’ for 12 years and when calculated it came up to
GH¢400,000.00 and costs too were assessed as GH¢5000.00. The defendant aggrieved
by the said judgment of the High Court filed a notice of appeal against same on
27th July, 2010. The defendant filed eight (8) grounds of appeal and
they are as follows:<o:p></o:p><o:p>&nbsp;</o:p>