In a contentious legal battle, Adamus Resources Ltd. and Nguvu Mining Ltd. have taken strong action against Korsah & Ackah @ Law – accusing them of improper conduct and seeking a cessation of further correspondence.
The case in question, Adamus Resources Ltd. & Anor vrs Allan Morrison & Anor (Suit No. CM/OCC/0279/2023), has been riddled with tension and now attracts widespread attention.
In a letter addressed to Israel Ackah Esq., partner at Korsah & Ackah @ Law, the legal representatives for Adamus Resources Ltd. and Nguvu Mining Ltd. sternly demanded an immediate cessation of any further circulation of a letter sent by the law firm to the Minister for Lands and Natural Resources.
According to the companies, this letter was also circulated to First Atlantic Bank Ltd., Fidelity Bank Ghana Ltd. and other undisclosed entities.
The dispute revolves around an application for a stay of execution of interlocutory injunction orders granted by the court on 27th July 2023, which Adamus Resources Ltd. and Nguvu Mining Ltd. strongly disagree with. They exercised their right to appeal the ruling by filing a Notice of Appeal on 31st July 2023, along with the application for a stay of execution the following day.
In their cease-and-desist letter – which NorvanReports procured a copy from our sources close to the ongoing dispute – the legal representatives assert that all parties are required to refrain from enforcing court orders once an application for a stay of execution has been filed.
They claim that Korsah & Ackah @ Law continued circulating the court’s ruling to various entities, allegedly creating a false impression that Angela List – the current director of Adamus Resources Ltd. – has lost control of the company. The companies contend that this act is misleading, disrespectful to the Honourable Court and undermines the integrity of the judicial process.
The mining companies are set to present their case for a stay of execution on 28th August 2023. They implore Korsah & Ackah @ Law to follow appropriate legal procedures and respect the court’s authority by refraining from further dissemination of the ruling.
This legal dispute adds uncertainty to Ghana’s mining industry, with significant implications for investors and stakeholders. The case has been closely monitored by industry experts, who are concerned about potential consequences for the companies involved and broader mining sector in the country.
For now, the situation remains fluid, with both parties preparing for the court hearing in late August. Observers are eager to see how the Honourable Court will adjudicate the dispute and determine whether the application for a stay of execution should be granted.
Background
The government of Ghana is expected to take decisive action in response to the ongoing legal dispute involving Adamus Resources Ghana Limited by appointing a five-member Interim Management Committee. This committee will be tasked with overseeing the day-to-day operations and management of the company until a final resolution is reached in an ongoing case currently at the superior courts.
The move comes after the Accra High Court restrained Angela List, Joseph Owusu-Ansah, Dr. Anthony Aubynn and Lawyer Odame Sarpong from holding themselves out as Directors of Adamus Resources Ltd.
The legal battle, according to courts documents sighted by NorvanReports, stems from November 2021 when Adamus Australia discovered that Angela List had appointed two additional Directors to the board of Adamus Ghana without calling a shareholders’ meeting. Allan Morrison, a director of Adamus Australia, subsequently called for an Extraordinary General Meeting (EGM) to remove Angela List as a director; but she and the said secretary to the firm, Sarpong Odame, refused to convene the EGM.
The Supreme Court of Western Australia is said to in Case No. WASC 454 found that Angela List’s actions in November 2022 – attempting to replace Allan Morrison with Moses Kobena Bosompem and transferring Adamus Australia’s 90% shareholding to Nguvu Mining Ltd. – were unlawful.
Court documents say with Adamus Ghana being 90% owned by disputed shareholders, and the Ghanaian government holding the remaining 10% stake, the court mandated government to appoint a representative from both sides of the dispute to chair the Interim Management Committee.
The committee will ensure the smooth functioning of Adamus Resources Ghana Limited during the course of legal proceedings, safeguarding the interests of all stakeholders involved.
