In a contentious legal battle within Ghana’s mining sector, Adamus Resources Ltd and Nguvu Mining Ltd have taken strong action against Korsah & Ackah @ Law, accusing them of improper conduct and seeking a cessation of further reckless correspondence.
The case in question, Adamus Resources Ltd & Anor. vrs. Allan Morrison & Anor. (Suit No. CM/OCC/0279/2023), has been riddled with tensions, stemming from an earlier attempt to remove Angela List and others as directors of Adamus Ghana.
In a letter addressed to Israel Ackah Esq., partner at Korsah & Ackah @ Law, the legal representatives for Adamus Resources Ltd and Nguvu Mining Ltd sternly demanded an immediate cessation of any further circulation of a letter sent by the law firm to the Honourable Minister for Lands and Natural Resources and other stakeholders.
The dispute revolves around an application for a stay of execution of interlocutory injunction orders granted by the court on 27th July 2023, which Adamus Resources Ltd and Nguvu Mining Ltd strongly disagree with. They exercised their right to appeal the ruling by filing a Notice of Appeal on 31st July 2023, along with the application for a stay of execution the following day.
In their cease-and-desist letter, the legal representatives assert that all parties are required to refrain from enforcing court orders once an application for a stay of execution has been filed.
They claim that Korsah & Ackah @ Law continued circulating the court’s ruling to various entities, allegedly creating a false impression that Angela List, and the current directors of Adamus Resources Ltd, have lost control of the company. The companies contend that this act is misleading, disrespectful to the Honourable Court, and undermines the integrity of the judicial process.
The mining companies are set to present their case for a stay of execution on 28th August 2023. They implore Korsah & Ackah @ Law to follow appropriate legal procedures and respect the court’s authority by refraining from further dissemination of the ruling.
Sources close to the Plaintiffs indicate that the ruling was delivered in record time, considering that in a similar application that was before the judge in the case of Angela List v. Paul List, BCM Ghana, Standard Chartered Bank and Registrar of Companies, there had been several adjournments for the formation of an interim management committee, and the information from the court was that the Judge was sick and could not sit on any applications just a day before this ruling was delivered.
This legal dispute adds uncertainty to Ghana’s mining industry, with significant implications for investors and stakeholders. The case has been closely monitored by industry experts, who are concerned about the potential consequences for the companies involved and the broader mining sector in the country.
For now, the situation remains fluid, with both parties preparing for the court hearing in late August. Observers are eager to see how the Honourable Court will adjudicate the dispute and determine the stay of execution application.
Background
A five-member interim management committee was expected to be formed to oversee the day-to-day operations and management of the company until a final resolution is reached in an ongoing case currently at the superior courts.
The move comes after the Accra High Court ruled to restrain current board members of Adamus Resources Ltd from holding themselves out as directors.
With the disputed ruling on the injunction saying that 90% of the shares currently held by Nguvu Mining are being contested by Adamus Australia and the remaining 10% being held by the Government of Ghana, the court then ordered that a five-member interim management committee be put in place to manage the day-to-day affairs of the company until the substantive matter is determined.
The committee was to ensure the smooth functioning of Adamus Resources Ghana Limited during the legal proceedings, safeguarding the interests of all stakeholders involved, according to the Court.
