The Kumasi High Court has referred a case in which a mining company is accusing the Paramount Chief of the Atti-Morkwa Traditional Area, Oseadeeyo Kwesi Kennin IV, of engaging in illegal mining on its concession to the Chief Justice to determine the appropriate region for the hearing.
This decision follows disagreements over the jurisdiction where the case should be heard. While the mining company cites security concerns as the reason for wanting the matter heard in the Ashanti Region, the paramount chief’s lawyer argues that the case should be heard in the Central Region, where the alleged incident occurred.
Delivering his ruling on the matter, His Lordship Samuel Faraday Johnson noted that, although the law requires cases involving immovable property to be heard in the specific region, the security concerns raised by the plaintiff cannot be disregarded.
The judge has, therefore, referred the matter to the Chief Justice to determine the appropriate jurisdiction for the hearing.
The judge, who is also presiding over a separate case where nine other mining companies have filed a suit against the same paramount chief for alleged illegal mining, stated that the Chief Justice’s determination on the first case will influence the jurisdictional decision for the new case.
Following the court proceedings, the plaintiff’s lawyer, Hansen Kwadwo Kodua expressed satisfaction with the court’s ruling.
“I’m fully aware of whatever I was doing for my client. We wanted the court to choose a convenient and secure venue for the parties. Not that I didn’t know the law, so for me, referring the matter to the Chief Justice is the best that can be done in this particular matter.
“We’re satisfied in the sense that the Chief Justice is now going to decide which region should entertain the matter based upon the matters that we have deposed to in our Affidavit, so we’re on course that it is.”
He, however, accused the Paramount Chief of disrespecting the court by failing to attend court proceedings.
“We all show respect to the court, if you are summoned before a court, out of respect, you appear to show that you also respect the court. But you can’t choose to stay away and you don’t tell the court why you are constantly absenting yourself from the court.
“That is what I was complaining about that it doesn’t show respect, he’s a chief and as a chief, he should know better. We will wait for the forum to be selected by the Chief Justice.”
Nine additional mining companies have filed a suit against the Chief, accusing him of engaging in illegal mining activities on their concessions.
The companies alleged that the Chief has illegally trespassed on their mining lands, intensifying the legal troubles he already faces.
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