The Commercial Court 10, Accra, has dismissed an application filed by two Chinese nationals against Big Stone Mining Company Limited.
The applicants, Wan Shanghong alias Magee and Yan Liu, filed an Originating Motion on Notice on April 13, 2022 at the court against Big Stone and six other respondents alleging fraud, injunction, illegality, and oppression among others. The application was based on sections 218 and 219 of the Company's Act (Act 992).
But, at its ruling on Tuesday, December 20, 2022, the Court presided over by Justice Jennifer Dadzie, upheld the preliminary legal Objection raised by lawyers of Big Stone Mining.
Claims
The applicants in their amended Originating Motion sought various declaratory reliefs most of which bothered on fraud, injunction, illegality, and oppression
Objection
In response to the amended Originating Motion, lawyers for Big Stone Mining filed a preliminary legal objection to the applicants' motion.
Big Stone Mining lawyers argued that the applicants' motion was incompetent because the applicants lacked the capacity to bring the action against the respondents.
The lawyers further argued strongly that the applicants' allegation of fraud against the respondents could not be unravelled by affidavit evidence or through summary trial and therefore urged the court to as a matter of law struck out the suit. Again, the lawyers argued that the declaratory reliefs sought by the applicants could not be obtained through the Originating Motion.
Lawyer speaks
Speaking to a lead Counsel for Big stone Mining, Mr Alex Mantey Osei, he said, the court upheld the preliminary legal objection raised by Big Stone Mining lawyers.
According to the lawyer, the Court held that the applicants did not have the capacity to maintain the action against Big Stone Mining and the other respondents.
He said all the submissions they made on fraud; principles of natural justice and declaratory reliefs were upheld by the court.
"Consequently, the suit that was instituted against Big Stone Mining Company has been struck out or thrown out of court," he said.
The lawyer explained that, in the face of this substantive ruling, any Court order against Big Stone Mining Company and the rest of the respondents ceases to have an effect.
Background
Magee has been in court with the company over shareholding rights.
A staff of the company filed a complaint with the police on September 9, 2022, against Magee, who also works with the company.
According to the complainant, on August 18, 2022, at about 10 a.m., Magee went to the factory with armed policemen, dragged all the workers out and took control of the factory.
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