July 8, page 55
Lawyers for an Accra-based private
company have commenced proceedings at the Fast Track High Court seeking
to commit two directors of Noble Gold Bibiani Limited for contempt of
court.
The applicant, Riasand Ventures
Limited, is urging the court to imprison Paul Gyasi and Yaw Boadi for
disposing of the assets of the mining company to Resolute Mining of
Australia at a time a suit was pending against Noble Gold for failing to
pay a $730,252.30 judgement debt.
The mining company was,
on September 20, 2013, ordered to pay $730,252.30, with an accompanying
GH¢50,000 costs, to Riasand Ventures for breach of contract.
But
months after the delivery of the court’s judgement, all efforts by the
applicant to retrieve the judgement debt which arose out of the mining
company’s failure to pay the applicant for supplying it with gold
tailings, yielded no result.
Accordingly, counsel for Riasand
Ventures, Mr Cosmas Anpengnuo, filed a motion on notice for an order to
officially wind up Noble Gold.
The motion was granted in February 2014 but the mining company filed an application for stay of proceedings in April 2014.
Affidavit
An
affidavit in support of the motion for contempt sworn on behalf of
Riasand Ventures by its Managing Director, Mr Richmond Amoako-Mensah,
said despite the mining company’s application for stay of proceedings,
it proceeded to sell its assets to Resolute Mining.
“The aforesaid Resolute Mining has taken over the site of defendant company at Bibiani,” it pointed out.
“The
conduct of respondents tend to bring the authority of this honourable
court and the administration of justice into disrespect and disregard
and it interferes with and prejudices the matter before this court,” the
affidavit noted.
It reminded the court that it had jurisdiction
to commit the respondents to prison “for their conduct and that the
dignity of the judicial process will be better protected if respondents
are so imprisoned”.
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