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RANSFORD OPOKU AND OTHERS V. LIEBHERR MINING GHANA LTD, LIEBHERR FRANCE SAS, PAUL JOOSTEN, MICHAEL FALL AND THOMAS QUARSHIE

(2010) JELR 66259 (HC)

High Court  •  SUIT NO. INDL 16/2009  •  2 Jun 2010  •  Ghana

Coram
KWABENA ASUMAN-ADU

Appearances
NO APPEARANCE FOR THE PLAINTIFFS/APPLICANTS; MR. KIMATHI KUENYEHIA FOR THE DEFENDANTS/RESPONDENTS.

Judgement

RULING

ASUMAN-ADU, J.

This ruling is in respect of motion on notice filed by the Plaintiffs/Applicants on 23rd April 2010 praying for an order to commit 1st, 2nd, 3rd and 4th Respondents for contempt of court which the Respondents have opposed. The Applicants have brought this application on five main grounds.

The first one being that the 1st and 2nd Respondents have refused to make discovery of documents mentioned in 1st Respondent’s affidavit filed on 25th March 2010 in respect of notices for production filed by Plaintiffs on 25th March, 2010 and 7th April, 2010. According to the Applicants, the Respondents have refused to make the required discoveries because by their affidavit dated 25th March, 2010, they have seriously lied to the court on oath.

The second ground for the application is that 3rd Respondent has made a dishonest deposition under the authority of the 1st and 2nd Respondents which is a serious vilification of Plaintiffs before this court. The third ground being that the R…

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