In a recent development, the Kumasi High Court has announced an adjournment of a significant illegal mining case involving the Paramount Chief of Twifo Atti-Morkwa, Oseadeayo Kwasi Kenin IV, to 28 October 2024.
This case has garnered attention due to allegations that the chief and his associates were involved in unauthorized mining activities on a licensed concession belonging to Kadesh Mining Enterprise.
Legal representatives for Kadesh Mining have contended that the defendants, which include the chief’s linguist and foreign collaborators, unlawfully mined over 85% of their 14.73-acre concession. The plaintiffs are seeking recovery of GH¢15 million worth of gold allegedly mined by the defendants, along with GH¢20 million in general damages.
A key point of contention in the latest court proceedings is a jurisdictional dispute. The defendants have filed a motion requesting the matter be referred to the Chief Justice to determine whether it should be heard in Kumasi or Cape Coast, given that most of the defendants reside in Twifo Praso.
However, counsel for Kadesh Mining, Hansen Kwadwo Koduah, has argued that the Kumasi High Court has jurisdiction to hear the matter and has expressed concerns over the safety of his clients if the case is transferred to Cape Coast.
In response, the defense lawyer has insisted that the security situation in Cape Coast is adequate and has requested that the Chief Justice decides on the appropriate forum.
Meanwhile, trial judge His Lordship Samuel Faraday Johnson has verbally ordered the defendants to stay off the disputed concession until the court makes a final determination on an interlocutory injunction filed by the plaintiffs.
The court is scheduled to reconvene on 28 October to decide whether the matter will continue in Kumasi or be referred to the Chief Justice for reassignment.
This case serves as a reminder of the complexities involved in high-profile legal disputes and the importance of due process in resolving such matters. The decision of the court on the jurisdictional dispute will undoubtedly have significant implications for all parties involved. We will continue to monitor this case as it unfolds.
