High Court Dismisses Injuction Application Against Electrochem Ghana, Two Others
The High Court in Tema has dismissed an interlocutory injuction application filled against Electrochem Ghana limited, operators of the Ada Songor salt mine and processing plant, the Minerals Commission and the Ada East District.
The suit filled by Nene Amatey Korley Adegu II, Chief of Aminapah and three other chiefs, was seeking the High Court to among others, restrain Electrochem from further mining salt in the area until parliament through its joint committees on Mines and Energy and Lands and Forestry conducts a probe into re-examining the concession agreement between the state and Electrochem.
The case with suit No: E1/031/2024 has the Minerals Commission as the first defendant, the Ada East District Assembly as the second defendant and Electrochem Ghana ltd as the third defendant.
The plaintiffs/applicants, Nene Amatey Korley Adegu II, Chief of Aminapah, Nene Simon Odorkorteye, acting Chief of Puteh, Nene Narteh Tsirapah, acting Chief of Midea and Nomo Akunyumu Akoto acting Chief of Kwaalakpoyom augue in their suit that the court should reatrain the defendants from exercising the eviction notice that Ada East District Assembly issued and apply any cost that may arise.
In the openion of the Court, as expressed in the judgement of the leaneared Justice, the necessary procedure including agreements with the Minerals Commission, parliamentary approval were followed before Electrochem Ghana was granted the leasehold.
In 23 page judgement, the court presided over by her Ladyship Malike Awo Woanyah Dey ruled that, the applicants did not aduce enough evidence to butress their claims that, their homes, schools and others fall within the concession to warrant a restraining from eviction.
The Court stated that per the facts and the totality of the evidence before it and rights of the parties, the third respondent (Electrochem Ghana) will suffer greater hardship when the application is granted because there is evidence that so much money has been expended even in the process of license acquisition and the fact that it has a limited period of 15 years to mine.
It noted that an irreparable damage in the form financial lost would be occassioned, which cannot be compensated and noted that if the applicants are victorious at the end of the day and there is evidence that they suffered damage or injury, they can be compensated in the form of damages.
“Thus, base on the evidence available on the record, this court is of the opinion that the disadvantages that will occur when the application is granted are enormous compared to the disadvantages when the apllication is refused” the ruling stated.
The court accordingly dismissed the injunction application.
Source: Christian Kpesese
