The Supreme Court has dismissed a case by Exton Cubic, a mining company which sought to challenge the jurisdiction of a High Court in a decision refusing to grant them compensation for the seizure of its mining equipment.
Exton Cubic wanted the apex court to quash the decision by a Kumasi High Court not to
award it, compensation for the seizure of its equipment by the Ashanti Regional
Minister, Simon Osei- Mensah.
In June last year, the Kumasi High Court, presided over by Justice George Addai,
dismissed the case of the mining company on the basis that its mining lease had not
been ratified by Parliament.
Lawyers for Exton Cubic however, filed a certiorari application at the Supreme Court
arguing that the High Court had no jurisdiction to give an interpretation of Article 268
clause 1 which relates to parliamentary ratification of contracts.
They argued that the High Court should have referred the matter to the Supreme Court
for interpretation.
But in a unanimous decision a five- member panel presided over by Justice Sophia
Adinyira held that the company’s application had no merit because the Supreme Court
had already given an interpretation on Article 268 clause 1.
The High Court, it held, only applied the interpretation already given by the Supreme
Court.
