AKONTA MINING COMPANY LIMITED AND 4 OTHERS (PLAINTIFFS) vs. THE ATTORNEY GENERAL AND 3 OTHERS (DEFENDANTS) [2019]DLHC7056

AKONTA MINING COMPANY LIMITED AND 4 OTHERS (PLAINTIFFS) vs. THE ATTORNEY GENERAL... [2019]DLHC7056

Date	2019-01-18
Suit No.	SUIT NO E12/51/13
Citation No.	[2019]DLHC7056

HIS LORDSHIP JUSTICE RICHARD ADJEI – FRIMPONG J.

EGBERT FAIBILLE JNR. ESQ. FOR THE PLAINTIFFS.

MRS. FRANCES MULLEN ANSAH. FOR THE 1ST 2ND AND 3RD DEFENDANTS.

SAMUEL AHORLO-ADINKRAH ESQ. FOR THE 4TH DEFENDANT

[2019]DLHC7056
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													<main id="main" class="content" style="min-height: 60rem" >AKONTA MINING COMPANY LIMITED AND 4 OTHERS<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY GENERAL AND 3 OTHERS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, SEKONDI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO E12/51/13&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; &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
JANUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EGBERT
FAIBILLE JNR. ESQ. FOR THE PLAINTIFFS.<o:p></o:p>MRS.
FRANCES MULLEN ANSAH. FOR THE 1ST, 2ND AND 3RD
DEFENDANTS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SAMUEL AHORLO-ADINKRAH ESQ. FOR THE
4TH DEFENDANT<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP JUSTICE RICHARD ADJEI – FRIMPONG J.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>The
history of this trial has been a chequered one. I happen to be the 4th
judge in line to have had something to do with the matter. By the record, my
sister Georgina Mensa-Datsa J started the hearing but could not conclude it.
Paul Utter Dery J continued with the matter but it suffered the same fate. The
evidence was concluded before my immediate predecessor Edward Amoako Asante J
who had to depart to undertake an international assignment. <o:p></o:p>I
thus, proceed to deliver this judgment on the basis of the proceedings I, as it
were, inherited. Thankfully, the entire proceedings together with the volumes
of exhibits were taken over intact with their integrity fully preserved.<o:p></o:p>The
genesis of this litigation is traceable to the controversy of illegal mining
popularly called “galamsey” in the local parlance. The out-turn of this menace
is universally acknowledged. Ranging from the risk of water pollution, health
hazards, loss of lives through accidents, to severe environmental degradation,
the social cost associated with illegal mining is simply ruinous. The
discomforting part of the problem has been the infiltration of foreigners,
particularly the Chinese in what had appeared to be a business of impunity. <o:p></o:p>So,
sometime in May 2013, the then government set up an Inter-Ministerial Task
Force to clamp down on small scale illegal mining. The mandate of the task
force as pleaded in this case was not in any doubt; to seize all equipment of
illegal miners, arrest and prosecute Ghanaians and Non-Ghanaians engaged in the
act, deport Non-Ghanaians and revoke the licenses of Ghanaians who had
sub-leased their concessions to Non-Ghanaians. <o:p></o:p>The
execution of this mandate led a section of the task force to the Western Region
specifically, the Amenfi West district where the 1stplaintiff
company had a mining concession. The events of the visit have culminated in the
instant suit by the plaintiffs.<o:p></o:p>The
5th plaintiff is described as a businessman, an investor and the
directing mind of the 1st to 4th plaintiffs. In his
evidence he describes himself as the owner of these four companies. From the
facts the companies objects vary. The 1st plaintiff was incorporated
to carry on the business of exploration, prospecting and gold mining among
others. From the evidence, that company owned the concession where the subject
events took place. <o:p></o:p>The
2nd plaintiff was incorporated for the business of providing mining
support services, the 3rd plaintiff, the buying and selling of gold
whilst the 4th plaintiff was to engage in the assembling of cars, tractors
and other vehicles of various descriptions.<o:p></o:p>The
plaintiffs’ claim is against the Attorney General of the Republic, the Chief of
defence staff, the Inspector General of Police and Victor Samuel Meisu, at the
material time the Chief Executive of the Amenfi West district. The 1st,
2nd and 3rd defendants were sued for the actions of the
task force.<o:p></o:p>The
plaintiffs’ long list of reliefs against the defendants is as follows:<o:p></o:p><o:p>&nbsp;</o:p>a.
A declaration that 4th defendant trespassed 1st
plaintiff’s concession at Samreboi on the 27th May, 2013.<o:p></o:p>b.
Damages against 4th defendant for trespass of 1st
plaintiff’s concession at Samreboi on the 27th day of May 2013.<o:p></o:p>c.
A declaration that 4th defendant converted by detention vehicles
belonging to 1st and 2nd plaintiffs on the 27th
day of May 2013.<o:p></o:p>d.
Damages against the 4th defendant for conversion of 1st
and 2nd plaintiffs’ vehicles on the 27th day of May 2013
at 1st plaintiff’s concession at Samreboi.<o:p></o:p>e.
An order directed at 4th defendant to return all the vehicles he
converted by detention from 1st and 2nd plaintiffs on the
27th day of May 2013 at Samreboi.<o:p></o:p>f.
Damages against the 4th d</main>