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JUDGMENT
Per the Amended Writ of Summons filed on 22nd June 2017, the Plaintiff claims against
the Defendant and four others jointly and severally as follows:
a) A declaration that the 1st Defendant is vicariously liable for acts of the 2nd
Defendant in the course of the 2nd Defendant performing his duties as an
employee/servant of the 1st Defendant and the 4th Defendant is vicariously liable
for torts committed by the 3rd Defendant whenever the 3rd Defendant acts arise or
omissions out of or in the cause of his employment with the Ghana Police
Service.
b) A declaration that the arrest and prosecution of the Plaintiff by the 3rd Defendant
on the order/instruction or complain from the 1st and 2nd Defendants was
wrongful, ill motivated, capricious, unreasonable, out of resentment and
malicious.
c) An order of the Court directing the defendants to pay GH¢1,000,000 as
compensation to the Plaintiff for his wrongful arrest, detention and malicious
prosecution.
d) Any other order (s) the Court deems fit to make.
The action has since been discontinued against the other four Defendants.
The Terms of the Settlement is reproduced as follows:
IN THE HIGH COURT OF JUSTICE
SEFWI WIAWSO, WESTERN NORTH REGION
TERMS OF SETTLEMENT AND GENERAL RELEASE
BETWEEN
PETER NKRUMAH ADASAH
AND
CHIRANO GOLD MINES LTD.
TERMS OF SETTLEMENT AND GENERAL RELEASE
THESE TERMS OF SETTLEMENT AND GENERAL RELEASE (the "Agreement")
are made and
entered into on this _ _ _ _ day of January 2023;
BETWEEN
1. PETER NKRUMAH ADASAH ("Peter Nkrumah"), of
H/No. CH34/1, Chirano on the one hand; and
2. CHIRANO GOLD MINES LTD ("Chirano"), incorporated
and existing under the laws of Ghana with its registered
office address at 2nd Floor, Office 1, Marvel House, No.
148 A, Giffard Road, Cantonments, Accra, on the other
hand;
together the "Parties", and each a "Party".
WHEREAS:
A. The Parties are engaged in judicial proceedings at the
High Court, in Sefwi-Wiawso, administered under Suit
Number E12/16/2017 in which Peter Nkrumah sued
Chirano, Bethwal Sarpong Boadi Mensah, C/lnsp.
Stephen Boakye Tuffour, the Inspector General of Police
and the Attorney-General for the following:
I. A declaration that Chirano is vicariously liable for the
acts of Bethwal Sarpong Boadi Mensah in the course of
Bethwal Sarpong Boadi Mensah performing his duties as
an employee/servant of Chirano and the Inspector
General of Police is vicariously liable for torts committed
by C/lnsp. Stephen