RESOLUTE AMANSIE LTD VS AKOASE RESOURCES LTD & ORS
January 24, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)
Areas of Law
- Contract Law
- Evidence Law
January 24, 2023
HIGH COURT
GHANA
CORAM
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On the 18th of October, 2021 this Court entered Judgment in favour of the Plaintiff to recover from Defendants jointly and severally as follows;
a) Recovery of the sum of Three Million United States Dollars (US$3,000,000.00) being the outstanding balance on the purchase price of the mineral rights sold by Plaintiff to 1st Defendant.
b) Interest on the said sum of Three Million United States Dollars (US$3,000,000.00) shall be calculated at the contractual rate of 5% per annum to be calculated daily from the 31st day of January, 2018 until date of final payment. Payment of the said sum of Three Million United States Dollars (US$3,000,000.00) together with interest calculated thereon may be paid in its cedi equivalent at the prevailing exchange rate on the date of payment.
c) Recovery of the sum of One Hundred and Twenty Thousand United States Dollars (US$120,000.00) being the transfer fee paid by the Plaintiff to the Minerals Commission on behalf of the 1st Defendant.
d) Interest shall be calculated on the said sum of One Hundred and Twenty Thousand United States Dollars (US$120,000.00) at the contractual rate of 5% per annum to be calculated daily from the 29th day of May, 2017 till date of final payment. Payment of the said sum of One Hundred and Twenty Thousand United States Dollars (US$120,000.00) together with interest calculated thereon may be paid in its cedi equivalent at the prevailing exchange rate on the date of payment.
e) Recovery of the Sum of Two Million United States Dollars (US$2,000,000.00) or its cedi equivalent being the aggregate sum due the Plaintiff as mineral royalties following the commencement of gold production by the defendants on the Akoase East Property.
f) The 1st Defendant is hereby ordered to file at the registry of this Court, an account verifying by affidavit all sums due the Plaintiff from gold produced at the Akoase East property within Fourteen (14) days from today or on or before the 1st day of November, 2021. Upon the filing of the said document by the 1st Defendant, the Registrar of this Court is to serve a copy on the Plaintiff for its consideration. Plaintiff is to file its response to the said document within Seven (7) days of such service if it is minded to do so. Thereafter the parties are to appear before this Court for further directions and/or orders on 17th of November, 2021.
g) The issue of interest payable on Relief (e) is deferred until submission of the said account by the 1st Defendant and determi
AI Generated Summary
This High Court ruling, delivered by Her Ladyship Justice Akua Sarpomaa Amoah, follows an October 18, 2021 judgment in a dispute concerning mineral rights and gold production at the Akoase East Property. The contracts (SPA and Deed of Acknowledgement) required quarterly royalty accounting; Defendants failed to render the account, prompting the Courts consensual appointment of SRK Consulting (Ghana) Pty Ltd as an independent mining expert. SRKs uncontested report (Exhibit CE1) confirmed active mining and 33,000 ounces produced by June 4, 2022. Applying the Evidence Act, logical inferences, and presumption of continuity, the Court inferred 50,000 ounces were reached by September 18, 2022, reaffirmed the Plaintiffs entitlement to US$2,000,000 in royalties, segmented interest accrual (US$1,320,000 from June 4, 2022; US$680,000 from judgment date), and awarded GH a21,200,000 costs due to Defendants recalcitrance.