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AMUAYI COMPANY LIMITED V. ADAMUS RESOURCES LIMITED

(2013) JELR 65370 (CA)

Court of Appeal  •  SUIT NO. H1/33/2012  •  18 Apr 2013  •  Ghana

Coram
C.J. HONYENUGA JA, DENNIS ADJEI JA, BABARA ACKAH YENSU JA

Appearances
NANA BEDIATUO ASANTE FOR THE DEFENDANT/APPELLANT; PHILIP NKRUMAH ESQ. FOR THE PLAINTIFF/RESPONDENT.

Judgement

JUDGMENT

ADJEI, J.A.

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.

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 a…

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