On Wednesday, September 20, 2023, the Bolgatanga High Court 1, led by Justice Charles A. Wilson made the decision to dismiss the application brought against Yenyeya Mining Group by the legal team representing Earl International Group Ghana Gold Limited and its CEO, Wei Xing. Apenewsgh.com report
The application sought to nullify the writ of summon filed by Yenyeya Mining Group.
Based on the available information on this platform, Yenyeya Mining Group, the plaintiff, claims that in September 2008, a contract was established with Shaanxi Mining Ghana to assist his small-scale mining operations. Yenyeya Mining Group alleges that the defendants, Earl International Group Ghana Gold Limited and their CEO, Wei Xing, failed to fulfill their responsibilities outlined in the agreement.
On May 12, 2023, Yenyeya Mining Group (the Plaintiff) filed a lawsuit against Earl International Group Ghana Gold Limited (the 1st defendant company) and Wei Xing (the 2nd defendant chief executive), seeking the following remedies:
A. Compensation for the infringement upon the Plaintiff’s rights through the conversion of its ownership of a small-scale mining concession by the defendants.
B. An injunction compelling the 1st defendant company to immediately cease all illegal operations carried out within the Plaintiff’s concession.
C. A permanent restraining order prohibiting the defendants from engaging in any illegal mining activities within the Plaintiff’s concession.
However, on the 19th June 2023, the defendants (Earl International Group Ghana Gold Limited and CEO Wei Xing) filed a conditional appearance and filed a process to set aside the writ claiming Yenyeya Mining Group (the Plaintiff) did not have the capacity to sue the defendants.
Ruling on the applications, Justice Charles A. Wilson announced to the court that he would address first the 1st defendant’s (Earl International Group Ghana Gold Limited) application to set aside the writ of summons, on the judge’s opinion, his explanation was that, if the 1st defendant (Earl International Group Ghana Gold Limited) application to set aside the writ of summons is granted, it would render the plaintiff action otiose.
In support of the application, the first defendant deposes and argues that the plaintiff, even though it is a licensed mining company is not a legal entity that is clothed with the capacity to sue and be sued.
Furthermore, Justice Wilson acknowledged the parties counsel and agreed that there are two motion applications which they have respectively made, awaiting this court’s ruling.
Giving his ruling on the said application, Justice Wilson said: “I would deny the application because it seeks largely the same injunctive relief. The application for an interim injunction by the plaintiff is refused”.
According to the judge, Order 37 rule 2 of High Court Civil Procedure Rules C.1 47 provides. “it is the duty of the parties, their lawyers and the court to avoid all unnecessary adjournments and other delays, and to ensure that causes or matters are disposed of as speedily as the justice of the case permits.”
“In the context of the above, the defendants are ordered to file a defense within 10 days from the date hereof”.
“Cost of Ghc 5,000.00 is hereby awarded to the Plaintiff/Respondent Yenyeya Mining Group” the Judge rules.
Despite the absence of Lawyer Joseph Awakpaksa legal representation for Earl International Group Ghana Gold Limited and CEO Wei Xing, the court proceeded with the ruling.
Lawyer Juliet Dale Agbo, representing Yenyeya Mining Group, provided additional details on the court proceedings to Apexnewsgh.com.
The defendants’ counsel filed an application stating that the plaintiff lacks the legal standing to sue them, as they operate within the plaintiff’s concession area.
“And you know the plaintiff has an agreement beginning from the days of Shaanxi and then, somewhere somehow, they changed the company from Shaanxi to Earl International and we have proof of all that. They changed from Shaanxi Mineral Processing to Earl International and these can be found in the Registrar General’s records. So, our search revealed that they initially changed Shaanxi to Shaanxi Mineral Processing Company and then subsequently to Earl International”. She stressed
“So, in their application, one of the grounds they were standing on was that Earl International does not have any agreement with the plaintiff, that it was Shaanxi he had an agreement with. So, we produced all these documents to show that now indeed, Shaanxi has now become Earl International and the record with the registrar of companies has shown that is indeed the case”.
“Today’s ruling is just the right thing to do, the plaintiff has the capacity to be in court to get redress for the bridge of the agreement which exists between the two parties”.
“They have been ordered to file their defense within Ten days” She concluded
Brief History:
The Managing Director (MD) of Yenyeya Mining Group Charles Nadanbon brought Shaanxi now Earl International Group Ghana Limited into Ghana in 2008 to provide mining support services.
Over the years, they formed a strong relationship, as evidenced by pictures showing their collaboration in China before the expansion in Ghana.
However, in 2017, when Earl International (formerly Shaanxi) attempted to expand on a larger scale, they entered into a new agreement with Yenyeya Mining Group. Regrettably, the two businessmen are unable to meet and resolve their current differences.
Find the ruling below:
Source: Apexnewsgh.com/Ghana
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