- Court Refers Mining Case to Chief Justice
- Jurisdiction Dispute Ensues
- Chief Faces 9 Additional Suits
The Kumasi High Court has referred a contentious case involving the Paramount Chief of the Atti-Morkwa Traditional Area, Oseadeeyo Kwesi Kennin IV, to the Chief Justice for determination of the appropriate jurisdiction. This decision follows a disagreement over where the case should be heard.
A mining company has accused the Paramount Chief of engaging in illegal mining on its concession, prompting the legal action. While the 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 security concerns raised by the plaintiff cannot be disregarded,” Justice Johnson stated. He also mentioned that the Chief Justice’s determination on this case will influence the jurisdictional decision for a separate case where nine other mining companies have filed suits against the same paramount chief for alleged illegal mining.
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.”
Kodua also 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.”
In addition to the current case, nine other mining companies have filed suits against the Paramount 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.
