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JOHN AKPARIBO NDEBUGRE V. THE ATTORNEY GENERAL, AKER ASA AND CHEMU POWER COMPANY LTD

(2016) JELR 67895 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/5/2013  •  20 Apr 2016  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), ADINYIRA (MRS) JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO - BAMFO (MRS) JSC, BENIN JSC

Judgement

JUDGEMENT

ATUGUBA, JSC

I have read, with advantage, the masterly judgment of my able brother Benin JSC. Whilst agreeing with his conclusion I have some views to express on some of the issues in this case.

FACTS OF THE CASE

The 1st defendant’s statement of case dated the 21st day of November 2013 reveals the following:-

2.1. On the 24th of October 2008, the Government of Ghana signed a petroleum agreement (“Petroleum Agreement”) over the South Deepwater Tano block with the Ghana National Petroleum Corporation (“GNPC”), Aker ASA, a Norwegian company, and Chemu Power Company Limited, a Ghanaian company.

2.2 On 29th October 2008, Aker ASA incorporated a wholly owned local subsidiary, Aker Ghana Limited (“AGL”) to conduct petroleum operations in Ghana pursuant to Section 23 (15) (a) of the Petroleum (Exploration and Production) Law, 1983 (PNDCL 84), Chemu Power Company Limited, a Ghanaian company, was incorporated earlier on 7th February 2008.

2.3 On the 5th of November, 2008, the Petroleum Agree…

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