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ANGLOGOLD ASHANTI LTD. V. NANA KONTOH & ANOR

(2018) JELR 65407 (CA)

Court of Appeal  •  SUIT NO. H1/18/2016  •  16 Oct 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Appearances
ANTHONY DESEWU FOR DEFENDANT/APPELLANT; NO REPRESENTATIVE FOR PLAINTIFF/RESPONDENT.

Judgement

WELBOURNE, JA

This is an interlocutory Appeal against the Ruling of the High Court, Kumasi dated the 12th day of March 2014, which dismissed the Defendant/Appellant’s application praying the Honourable Court to dismiss on jurisdictional grounds the suit filed by the Plaintiffs/Respondents.

The said Ruling can be found at pages 38 to 46 of the Record of Appeal.

Brief facts:

This case is about the effect of mining activities on the environment. The facts of the matter as stated by the Plaintiffs/respondent in their pleadings is that the Defendants/appellant have for a number of years deposited waste in the form of cyanide and other chemicals from its gold mining activities into the river Apetikooko. The plaintiffs’farms are located down -stream through which flows the river Apetikooko. The Plaintiffscultivate cocoa,palm oil, cashew, avocado pear on acres of farmland. It is the plaintiffs’ case that the effect of the dumping of the waste by the Defendant had a negative effect on their produc…

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