ICATURE

IN THE SUPERIOR COURT OF JUD

IN THE HIGH COU RT OF JUSTICE
(COMMERCIAL DIVISION)
ACCRA - A.O. 2024

SUIT NO: CM/OCC/0279/2023

1sr PLAINTIFF
ADAMUS RESOURCES LIMITED
No 22 Nortei street •
Airport Residential Area
Accra
2N° PLA1NT1FF1Aee1.JCAJ-'T
NGUVU MINING LIMITED
t Ltd
Clo Knights and John Managemen
th dard Chartered Tower
8 Floor Stan
19 Cybersecurity, Ebene, 72201
Mauritius
VERSUS
1sr DEFENDANT
ALLAN MORRISON
21A Bristol Avenue
Biction, WA 6157
Western Australia
Australia
allanmorrison58@grnail.com
ITED 2ND DEFENDANT
ADAMUS RESOURCES PTY LIM
21A Bris tol Avenue
Biction, WA 6157
Western Australia
Australia
allanmorrison58@gmail.com

Fo1 < MO TION EX PARTE -..

RY ON BUSINESS
6F ORDERS GRANTING LEAVE FOR THE 1sr PLAINTIFF TO CAR

nd Defendant/Applicant

HON OUR ABL E COU RT shall be moved by Counsel for the 2

THIS
iness upon the grounds
licanr) for orders granting leave for the 1st Plaintiff to ~rr y on bus
("App
contained in the supporting affidavit

~ur t may der ;;pr opr iao .

. ,J
1
~,L

for any order(s) that this Hon o~~ bh!

co{ iRT TO BE MOVED on

{J \0 • the 12,ifiay of - - - 1 - - - 4 - - -
for the Ap licant may be
or so soon thereafter as Counsel
2024 at 9 o'clock in the forenoon

4-~s
heard.

1
k~- Page 1 of 14

f1'- o /- ~ d 't
DATED AT FEROCITER, ACCRA THIS 19™ DAY OF JANUARY 2024.

AUGUSTINE B. KIDISIL
Counsel for the Applicant
Solicitor's License No.: eGAR01420/24

The Registrar
High Court {Commercial Division)
Aoora

Page 2 of 14
 mmoo.f.if~j~
--
Al- - ~-~--:CJ.1l}1,:
--------------
- - ~ ~ ~ ..\ ••••••••~G!STrll
It TIE SUPERloR COi. in OF JUDICATURE ®~ ,~ - ~v.s.o· 0r n
IN TIE HIGH COURT OF JUSTICE HlGH (bjR T, /..~
(CCP Lf£1AL DIVISION)
ACCRA -AD . 2024

SllT NO: Cllt'OCCI0279l2

ADAIIUS RESOURCES LaUTED
tm 22 Nortei mee t 1sr Pl.AINTIFF
lwport Residelltial Area
Aa:ra

NGW U •HIN G lJIITED

Clo Knights and John Management ltd r' PLAINTIFF/APPLICANT
g,. Aoof Standard Chartered Tower
19 Cybefsecurity, Ebene, 72201
Mauritius

VERSUS
ALLAN MORRISON
21A Bristol Avenue 1ST DEFENDANT
Biction, WA6157
Western Australia
Austrar1a
aHanmorrison58@gmail.com

ADAMUS RESOURCES PTY LIMITED

2ND DEFENDANT
21A Bristol Avenue
Biction, WA 6157
Western Australia
Australia
allanmorrison58@gmail.com

AFFIDAVIT IN SUPPORT
OF MOTION EX PARTE FOR ORDERS GRANTING
LEAVE FOR THE 1sr PLAINTIFF TO
CARRY ON BUSINESS

I, Matthew Mba of 1 Labone Link, Labone, Accra

do make oath and say as follows:
1. I am a law clerk for Counsel for the 2nd Plaint
iff/Applicant ("Applicant•) to this
application, and the deponent to this affidavit.

2. I have the authority and consent of the Applicant to

depose to this affidavit on its behalf.
3. Unless otherwise stated, the contents of this affida
vit are facts that are either within my
personal knowledge by virtue of my employment
or based on information provided to
me by Counsel for the Applicant ("Counsel") which
I believe to be true.

Page 3 of 14
 4. At the hearing of this application, Counsel shall seek leave of this Honorable Court to
refer to all the processes fried in this matter.

5. . I am advised by Counsel, and I believe same to be true that in the interest of Justice, this
application ls necessary to effectively prevent the 111 Plaintiff Company from imminent
collapse.

6. I am informed by Counsel and I believe same to be true tha~ the Respondents have
relied on false allegation that there is an rMc In place in respect of the 1• Plaintiff
Company to file various interlocutory Injunction applications and contempt proceedings
.. which have prevented security companies, customs, manag~ent staff of the 111 Plaintiff •
.. ·.:.. ::·~ Company and all third part[es from dealing with the 111 PlainUff Company.
.. .7. .I ·am. furthecadvised:.~by Counsel and I believe same to be true·tnat the grant of this
:'", • ····: appliqatlon-will cau.se the Respondents, who are claiming ownership-of the Company,
no harm~
8. I am advised by Counsel and I believe same to be true that If the current state of affairs
persists, the parties and the IMC will find themselves with an empty shell of a company
due to the compounding pile of liabilities accruing dally as a result of the injunction
applications and the risk of the 1st Plaintiff Company loosing employees and its third
party contractors. •

9. I am informed by Counsel, and I belleve same to be true that on 8111 February 2023, the
1st Plaintiff and the Applicant instituted an action against the Defendants claiming the
reliefs endorsed on the Writ.

A copy of the WrH of Summons and Statement of Claim is attached as Exhibit MM1.
10. I am informed by Counsel, and I believe same to be true that on 2411 February 2023, the
Respondents filed a statement of defence and counterclaimed for stated reliefs.
A copy of the Statement of Defence and Counterclaim Is attached and marked as
EXHIBIT MM2.
!:·..:':··11.'~-~ taitUnformed:by-:COunsel, and I believe same to be true that on 30th March 20231 the
•: ,_ . : ••• ·': ··R~nden~ ·fil~a motion on notice for an order of intertocutory injunction praying this
Honorable Court for various interlocutory orders.
-·~-.--.-,···.:·:.·:.,7A 00py·fif the:.nioti6.0'-on notice for an order of Interlocutory injunction is attached and
0 -
marked EXHIBIT MM3.
12. I am Informed by Counsel, and I believe same to be true that on 27th July 2023, this
Honorable Court delivered its rullng by granting the application on the following terms:
a. The 2nd Plaintiff and its directors are restrained from taking any steps to hold any
meeting for and on behalf of the 1• Plaintiff Company purporting to be shareholders
meeting or Emergency General Meeting and/or to take any decision or action for
and on behalf of the 111 Plaintiff purporting to be registered as controller of 111
Plaintiff.

Page4 of14
 b. Angela List, Joseph Owusu -Ansa h and D
holding themselves out as Directors of th~ ~~th00 ~ubyn
determination of this suit
r
n are restrained from
Plaintiff Company until the final

c. RPesl.trat'ffinCoing Odame Sarpong from holding himself out

ain I mpany. as Secretary of the 1at

d. The 2nd Plaintiff and its Directors are restrained from taking
any steps pursuant to
any Share Transfer Agreement signed by Moses Kabina Bosompem
or whosoever
on ~a.half of the 2nd Defendant and by Angela List for and
on
t?
_.Pla1~tiff make the 2nd Plaintiff the controller of the 2nd Defend
behalf of the 2nd
ant from _b;lking any
decaslon In respect of the shares of the 1st Plaintiff.
•
.·_ -• ~-·-. _Pursuant to.the·.restraining orders, this Court makes
an orderputtirigirrplace·a five
:,: ·, •• • - member lntenm·Management Committee ("IMC•)
to manage the affairs of the·1• --· •
· :.:-•;"~_. :-· • :Respondent-Company. Each party shall provide two
representatives on·the IMC.
• •···-· ···--·Toe 'Ministry ·ot Lands and Natural Resources shall
also provide a representative
on the IMC. None of the restrained persons should be a repres
entative on the IMC.
Additionally, the management staff of the 111 Plaintiff shall
report daily to the
Chairman of the IMC and shall take Instruction from the IMC and
any subcommittee
that the IMC shall deem appropriate to further the progress
and good corporate
governance of the 1st Plaintiff.
A copy of the ruling of this Honorable Court is attached and
marked Exhibit MM4.
13. I am further Informed by Counsel, and I believe same to be
true that on the 31 st of July
2023, the Applicant and 1st Plaintiff filed a Notice of
Appeal to the Court of Appeal
challenging the entire ruling of this Honorable Court.
14. I am infonned by Counsel and I believe same to be true
that on 1st August 2023, the
Applicant and the 1st Plaintiff flied a motion on notice for an
order to stay execution of
the ruling of this Honorable Court pending appeal. This
Honorable Court is yet to
determine the application for stay of execution.
._. 15: Despite the pendency .of the Plaintiffs' application to
stay execution of the orders in this
.. :.=-~ : :~.-·.Honorable. Co.urt's ruling of 2T"
July 2023, the Respondents have taken and continue to
•• ·:-: . taka ..steps that have the effect of enforcing the ruling
of 27th July 2023 when the Court
. ·__.-... has ·not yet had the :opportunity to detennine whether to
stay execution of that ruling.
~ij;--' ·I :am-infermed··by·Counsel and I belleve same
to be true that, the Respondents have-.---·-- -
••relied· on false the allegation that there is an IMC in place
to file various interioeutoi'y
Injunction applications and contempt proceedings which
have -prevented··security
companies, customs, r:nanagement s1aff of the 1at Plaintiff
Company and other third
parties from dealing with the 1st Plaintiff Company.
17. I am further informed by Counsel and I believe same
to be true that on 411 September
2023, Counsel for the Respondents flied a motion on notice
for an order of interlocutory
Injunction for the following reliefs:
a. An order of interlocutory injunction restraining the Plaintif
fs/Respondents and the
management staff of the 1111 Responden~ Including Alexan
der Hagan, Isaac
Acheampong, Yvonne Edem Sunu, Nana Yf!NI Appiah, Isaac
Osei Bonsu and 1st

Page 5 of 14
 Respondents Head of Security from dlsclos·
instructions from Angela List Sarpon Od ing . .
any information, taking any
~us u Ansah and Moses Kobena Boa :mp e;:~ d/~
;·a: ~:~ ~b: :~« ::
. Respon~ent's Nzema M.ines and its Head Office at
No. 22 Nortei Abablo Street
Airport Residential Area, Accra unless directed
by the IMC. • 1

b. An order of interlocutory Injunction restraining

the Plaintiffs/Respondents and the
management staff of the 1st Respondent,
Including Alexander Hagan Isaac
A~ea mpon g, _vv~nne Edem Sunu, Nana YflN.
Appiah and Isaac Osei Bon~u from
takmg any action m respect of lifting, transporting and
the sale of gold produced at
~- -· -'.~- the .:1~ R~po ~den ts' Nzema Mine~ by allowing
or engaging Mon-Tr.a.n. Limited or
-·-- ••• -any~ther-Bulllon.Securlty Company, the
Customs Division of the Ghana Revenue
• ••• - A_uthority, the B.ank of Ghana and their
representatives or agents Including Ghana
•• -"· -lmk Network -:- Services Limited and ·
the Ministry of Natural Resources :and the
••·-· • • •••Mlnerats...Cotnmisslon to take any gold or - - -
process for sale any gold produced anhe . • --
•• • ·-. 1at Respo.ndent's Nzema Mines unless authorized --- -
of the IMC.
c. An order restraining the Western Region
Security Council from deploying the
Ghan a Police and Military in the Western
Region to accompany Mon- Tran
Services Limited or any other bullion security
company to lift and transport gold
from the 111 Respondent's Nzema Mines witho
ut the authorization of the IMC.
d. A further order directed at the Plaintiffs/Respond
ents and the management staff of
the 1at Respondent, including Alexander Haga
n, Isaac Acheampong, Yvonne
Edem Sunu, Nana Yaw Appiah and Isaac Osei
Bonsu to allow the Bank of Ghana
Bullion Vans to transport all gold produced at
the 181 Respondent's Nzema Mines
for safe keeping at the vault with Bank of Ghan
a for the sale of same to be directed
by the IMC, unless instructed otherwise by the
IMC.
A copy of.the Motion on Notice for Interlocutory
Injunction filed on 4th September 2023
is attached and marked Exhibit MM5.
18. 1am further infonned by Counsel, and I believe same
to be true that, on the 3rd of January
. 2024,::the:Respondents through their lawyer
filed another motion on notice for an order
of inter1ocutory injunction for:
:a.·.. -An:.order. of Interlocutory injunction. restra
ining the Plalntiffs/Respondents from
• •. exporting..any::gold mined at the 111• Plai~
tiff/~espondent's Nzema min~ ~h~.ough
. .:,::- -:;. ~-- Brinks-Sl~:1ra"nsported by Montran Secu
nty without the ·express authonzatlon of
appointed members of the Interim Manageme
nt Committee (IMC), namely; J~~ie~-
Osei Wusu (Mrs), Mr. David Abini and Mr. Isaac
Ackun.
b. An Order of interlocutory injunction restraining
i. Precious Minerals Marketing Company and
its Manager stationed at the
Aviance Cargo Village and their agents, privies
and assigns;
..
II. The National Security Coordinator, Avlance Cargo
Village and their agents
privies and assignees;
iii. The Avlance Commander, Narcotlcs Contr
ol Commission (NACOC) their
agents, privies and assigns;

Page6 of 14
 iv. The Aviance Cargo VIiiage Comptroller, Ghana Revenue Authority
and
their agents, privies and assigns;

v. Swissport Company Limited and their agents, prMes and assigns

;
vi. The Aviance Cargo Village Company and their agent, privies and
assigns;
vii. The Security Coordinator, Aviance Cargo Village/Swissport and
his agents
prMes and assigns;
'
From performing any official duty presently or in the future by doing or
falling to
do any acts to facili~te the export of any gold and silver shipment request
dated
- 2/1/2024 of the total estimated value of $2,817,Cl31,493 from Adamu
s Ghana
~timi ted signed by Isaac Osei Bonsu and VVinfred Ackah and Moritran
Secu~ty.
• . ··.and Brinks. SI In their custody and any future gold and silver shipme
nt request
··.-...by .-Adams Ghana and Montran Security and brinks SI without
the express •
--~;·.::... <·autho.tlzatJori~of members of the IMC, namely:. Juliet Osei-
Wusu (Mrs)r Mr
David Abini and Mr Isaac Ackun.
A copy of th~ Injunction Application filed on the 3rd of January 2024
has been attached
and marked as Exhibi t MM6.
19. I am further infonned and I believe same to be true that on 11 th January
2024, Counsel
for the Respondents flied yet again a motion on notice for an interloc
utory Injunction
against the 1• Plaintiff for the following reliefs:
a. An order of interlocutory injunction restraining the Plaintiffs/Resp
ondents and
Liebherr Team from Liebherr Ghana Ltd and any team from Liebherr
abroad from
holding the launching event slated for Saturday , 13th January 2024 hosted
at the
1st Plaintiffs Nzema Mine at the Nzema site, Nkrofulforthe unveiling of
the Liebherr
100T T236. trucks without the express authorization of appointed membe
rs of the
Interim Management Committee (IMC), namely: Juliet Osei-Wusu (Mrs),
Mr. David
Abini and Mr. Isaac Ackun.
b. An order of interlocutory injunction restraining:
··::-.:.~ii:-:-:-"Awula~·Amihere Kpanyinli II (Atuabo) and his agents, privies
and assigns;
. _.· . ·ii;·-· -Awulae~Atibrukusu Ill (Lower·Axim) and his agents, privies and assigns;·
·· ·• :- .-. _.-m.....:.Awulae Agyefi Kwame IV (Nsein) and ~is agents, privies-a
. nd .assigns~ -
Iv. Awulae Annor Adjaye Ill (Beyin) and his agents, privies and assigns
;
v. Awulae Angama Tu Agyan II (Bamlankor) and his agents, privies
and
assigns;
vi. Nana Nyameke Ill (Apateim) and his agents, privies and assigns;
vii. Hon. Samuel Abu Jlnapor, Minister of Lands and Natural Resour
ces and
their agents, privies and assigns;
viii. Hon. Kwabena Okyere Darko Mensah, Regional Ministers and his
agents,
privies and assigns;

Page 7 of 14
 ix. Kwasi Bonzo, DCE, Ellembele his agents, privies and assJgns;
x. Hon. Elizabeth Dorcas Amoah, NEMA his agents, privies and assigns;
xi. Hon. Lousla Iris Arda, MCE Jomorro his agents privies and assigns;
xii. Mr. Martin Kweku Ayisi, CEO, Mineral Commission his agents, privies and
assigns;
xiii. Hon. Henry Kwabena Kokofu, CEO, Environmental Protection Agency his
agents, privies and assigns
:-... ~·.•.:·:::,xiv:: :Mr. -Sulemanu Koney, CEO, Chamber of Mines his agents,. privies and
assigns •

•••• ··-e : - .xv. Mr. Kofi Adjei, Chief Inspector of Mines, his agents, privies and assigns;
:~ .:: . ~- .~.::xvL ··.ihe·MD, Liebherr Company Limited, ·hIs·agents~ privies and assigns;
xvii. MD of Fidelity Bank his agents, privies and assigns;
xviii. MD of First Atlantic Bank, his agents, privies and assigns
xix. Ms. Angela List, MD, Nguvu Mining Limited, her agents privies and assigns
xx. Ms. Rebecca Donkor, Director, ARL, her agents, prvies and assigns
xxi. Mr. Cyril Laryea, Partner, Millar Energy Limited, his agents, privies and
assigns
xxii. Mr. Alex Dadey, executive Chairman, KGL Group his agents, prvies and
assigns
xxiii. Mr. Richmond Owusu, CEO, Energy and Resources, his agents, privies
and assigns
xxiv. The Chief, Abusuakpanyinli, Bahemaa & Assembly of members of
. Akropong, Anwia, Teleku Bokazo, Nkroful, Kikam, Salman, Asanda,
:· :·..:. ·::,:: : ·. Akango;Ah.iku, Eslama, Ampaln Azuleloanu and their agents privies and
assigns
__ : _.-_..:~:~-..:. --·.F.rom·attehding the launching event hosted by the Plaintiff/Respondent without
· ·.·. ;_ .: ,··thEf'express ·authorization of members of the IMC, namely Juliet Osei - WUsu
(Mrs), Mr. David Abini and Mr.· Isaac Ackun. - • •

20. I am advised by Counsel and I believe same to be true that the injunction applications
filed by the Counsel for the Respondents against the 1•• Plaintiff are all based on the
alleged establishment of a non - existent IMC.
21. I am further advised by Counsel and believe same to be b'ue that from the motions filed
11
by Counsel for the Respondents on 3rd January 2024 and 11 January 2024, there is the
false representatJon that a three member IMC has been constituted with Mrs Juliet Osei
- Wusu, Mr, David Ablnl and Mr Isaac Ackun as Its members.
22. I am infonned by Counsel and I believe same to be true that on 5th October 2023 the
Ministry of Lands and Natural Resources pursua~t to a letter from the Registrar of the

Page8 of 14
 Commercial Court dated 3rct August 2023 appointed
Mrs. Juliet Osei - Wusu as a
member and chairman of the IMC of the 1st Plaintiff.

A copy of the letter from the Ministry of Lands and Natura

l Resources dated 5th October
2023 ls attached and marked Exhib it MM7.

23. I am further Informed by Counsel and believe same

to be true that on 21 11 December
2023, Mrs. Juliet Osei - Wusu purported to call a meetin
g of the IMC on 28th November
2023 at the Ministry of the Lands and Natural Resources
at 10am.
A copy of the letter from Mrs Juliet Osei - Wusu is attach
ed and marked Exhib it MM8.
-:=:.~~~--'.Z~ I arri·flirtlier infom,ed by Counsel and I
believe same to be true that on 271h November
• • • ·"7··:-· ··-~023; Counset·wrote on behal
f of the Plaintiffs to Mrs. Juliet Osei - VVusu demanding
• ••·- her to·cease and .desist from holding herself out as
a member and chairperson· of.the.
IMC as it had not been constituted.
• • "25: t•anrfurther1nformed by Counsel and I believe same
to be- true that on 21"'. N"ovember • -_ •
2023, the Chief Director of the Ministry of Lands and
Natural Resources wrote to the
Registrar of the Court (Commercial Division) that due
to the recent developments and
upon consultation it was withholding the appointment
of Mrs. Juliet Osei -Wus u as its
representative on the IMC until further notice.
A copy of the letter from the Director of the Ministry of
Lands and Natural Resources is
attached and marked as EXHIBIT MM9.
26. I am further informed by Counsel and I believe same
to be true that, with the exception
of Mrs Juliet Osei - Wusu, the other members of the allege
d IMC, namely Mr David Abini
and Mr Isaac Ackun are employees of or associated
with BCM Ghana Ltd, a company
by Paul List, the estranged husband of Angela List (the
restrained Managing Director of
the 11t Plaintiff Company), and Australian friend of the st
1 Respondent. Mr. Paul List is
also a client of Counsel for the Respondents, Mr. Israel
Ackah, Esq.
A copy of this Honorable Court's ruling dated 25th March
2022 confirming the relationship
is attached and marked EXHIBIT MM10.
:..:, ':: ::..:..21r·. t .am-:inforrned. by:·Counsel and I believe same
to be true that on 14th December 2023,
:-'..::·-.-_.~::-... , .. ·.. ,_.courfsel for-·the ·.Respondents filed a contem
pt application. against-the management of
;-: ~----··_·. ...lh.e.:..1~J?laintiffCompany, namely Alexa
nder Hagan, Winfred Ackah, Moses Kwabena
-• . Bq&ahipem and ·third parties who have contractual and
regulatory obligations to the 1st
--" : · -- -. ._. · . _.. .- P.laintiff:Company,:namely Mon-tran Ghana
Limited and the Commissioner of-Customs. .. --
Division, Ghana Revenue Authority.
-- - - ---- •
28. I am informed by Counsel and I believe same to be true
that just this week the 1st Plaintiff
Company had to cancel the export of 2 572 ounces of
1 gold C-the Consignment•) to the
Emirates Mining Factory in Dubai which had had
been scheduled for shipment on
Wednesday 1Jftl January 2024 because of the Respo
ndents' applications.
A copy of the Pre -Aler t of the shipping of the Consignmen
t is attached and marked as
EXHIBIT MM11.
29. I am further Informed by Counsel and I believe same
to be true that due to the
Respondents' pending contempt and interlocutory Injunc
tion applications, Mon - Tran

Page9 of 14
 Ghana Limited, Brinks SI Swiss o third parties who have contractual
obllgatlons to the 111 Plaintiff Co P rt ~nd other
ed to assist the 1• Plaintiff Company
in exporting the Consignment. mpany ave refus

30. I am advised by Counsel and I b r be true that, the intendment of the ruling
of this Honorable Court dat d 2::. ~evlye same to
to a halt by restrainln ·t e u 2023 was not for the 111 Plaintiff company to grind
management
. . 9
18
management and contractors, but rather for the
nd it has been duly constituted and notified
tto cth~rryHon its duties a account to the IMC after
o 1s onorable Court.
to be true that allowing the
_____ ,_3~_·:... _} ~m furthe~ advis e~ by GounseJ and I believe same
te will not In any way interfere with the
• -· •• • management of the· 1 Plaintiff company to opera
July 2023.
-• sanctity of the orders of this court made on 27th
-=-··-=---·:.-
believe same to be true that the management.of--
• .32,. • I am fu.rther adv.ised by Counsel and I ctions and opera tions •
to the IMC on all the transa
• •••• ·~~-. -~~-~-~-the-:.1-~plalntiff- ~m~ any will account Is prope rly cons titute d.·-· · •
that the IMC
• • conducted·between 27"' July 2023 and the date
grant of this
33. I am further advised by Counsel and I believe same to be true that the
are claim ing part owne rship of the
application will cause the Respondents, who
Company, no harm. •
to be true that if the current state of affairs
34. I am advised by Counsel and I believe same
selves with an empty shelf of a company
persists, the parties and the IMC will find them
ing daily as a result of the injunction and
due to the compounding pile of liabilities accru
the risk of the 1st Plaintiff Company
contempt applications against third parties and
loosing competent employees.
e same to be true that when the orders of
35. I am further advised by Counsel and I believ
not order the Respondents herein,
27th July 2023 were given, this Honorable Courstt did
Plaintiff and its shareholders (which
to provide an undertaking to indemnify the 1
serious harm that is currently being
includes the Government of Ghana) for the
rranted weaponization of the equitable
witnessed as a result of the Respondents' unwa
orders of this Honorable Court.
e same to be true that the only persons who
.:. 36. _:I-am.further advised by Counsel and I believ
g injunction and contempt applications filed
-'~ .-: :·· .-stand to·suffer as a result of the never-endin 1
the 1• Plaintlff Company's employees (not the-
. ·,: ..: . by coun~l_for the.Respondents against
parties are the 1 Plaintiff's employees, its
st
. . - •.. ·injLincted dire.ctors).and disinterested third
ed personal guarantees for-loanS-given to the- _
.--.·.~ .. _ contractors; :Ms; -Angela List {who provid r· of the 1 st
Ghana, a 10% shareholde •
1at Plaintiff company), and the Government of 1 any.
ents from the 1• Plaintiff Comp
Plaintiff comp any and recipients of royalty paym
th
to be true that on the 4 of January 2024,
37. 1am informed by Counsel and I believe same
strike out the respondents' moUon on
Counsel flied a motion on notice for an order to
on 3rd January 2024 C-Motlon to Strike
notice for an order of interlocutory Injunction filed
Outu) on the following grounds:
to hear the Respondents' motion.
a. The Honorable Court does not have jurisdiction

Page 10 of 14
 b. The motion is procedurally irregular because it is an attempt to enforce or vary the
orders made by this Honorable Court on 27th July 2023, contrary to the Rules of
Court.

c. The motion is otherwise an abuse of court process.

38. I am further informed by Counsel and I believe same to be true that this Honorable Court
th
on the 15 of January 2024 adjourned the hearing of the Motion to Strike Out to 19th
February 2024 to deal with the application and the substantive injunction application.
39. I am advised by Counsel and I believe same to be true that the order of this Honorable
Court moving the hearing of the Motion to Strike Out to 19th February 2024 continues to
st
hinder the 1 Plaintiff from lifting gold and puts the 1st Plaintiff Company on the brink of
imminent collapse.

40. I am advised by Counsel and I believe same to be true-·that the injunction applications
have beq:,me tools to mislead the public that the 1st Plaintiff Company is under: the
control of an IMC when no such IMC has been constituted.
41. I am further advised by Counsel and believe same to be true that the pendency of the
st
injunction and contempt applications against third parties and employees of the 1
st Plaintiffs suppliers and business partners to cease
Plaintiff company is causing the 1
to deal with the 1st Plaintiff Company when Israel Ackah Esq. knows that the injunction
orders of 27th July 2023 did not retrospectively cancel, terminate, invalidate or suspend
st
the 1st Plaintiff's contractual obligations or third party's contractual obligations to the 1
Plaintiff.
42. I am informed by Applicant's officers and I believe same to be true that the 2nd
Defendant/Respondent is not a functional entity and will not be in a position to
compensate the 1st Plaintiff for the humongous losses that the 1st Plaintiff will suffer if its
management staff (not the directors who are the subject of the injunction ruling of on 271h
July 2023) are disabled from running the operations of the 1st Plaintiff pending the
establishment of an IMC.
43. In the circumstances, I am advised by Counsel and I believe same to be true that
considering the serio.us damage the Respondents' pending interlocutory and contempt
applications are causing the 1st Plaintiff Company, it is in the interest of justice that this
Honorable Court urgently come to the aid of the 1st Plaintiff Company so that regardless
of the outcome on the merits of the case, the successful party an the Government of
Ghana will not go home with an empty company.

T ACCRA THIS }
--1-.,...:;...i.- DAY OF JANUARY 2024}

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