Seizure of excavators: Government slapped with $15 million judgment debt
IMCIM was established by the government to clamp down on illegal small mining also known as galamsey which is causing havoc to the country’s water resources and lands
A High Court in Kumasi presided by Justice Samuel Obeng Diawuo has slapped the government of Ghana with a judgment debt of about $15.3 million.
The plaintiffs, Heritage Imperial Limited, which is prospecting for gold in the Apamprama Forest Reserve in the Amansie West District in the Ashanti Region, contend that they procured a prospecting mining license from the Ministry of Lands and Natural Resources on October 25, 2018.
On December 6, 2018, the company’s concession was raided by the Inter-Ministerial Taskforce on illegal mining under the suspicion of engaging in illegal mining despite having a prospecting license.
Furthermore, the plaintiff states that they however stuck to their commitment until the raiding on the concession that led to the confiscation of their excavators and other equipment.
In his ruling on May 18, 2021, Justice Diawuo described the raiding on the site of Heritage Imperial Mining Company as unlawful noting that the task force failed to adduce evidence to back their claims on the mining company.
The judge further said that the action of the task force flies in the face of its core mandate of fighting illegal mining.
The court, therefore, slapped the Republic with a $15.3 million judgment debt for unlawful seizure of the company’s excavators and a further ¢600,000 to be paid to Heritage Imperial Limited.
IMCIM was established by the government to clamp down on illegal small mining also known as galamsey which is causing havoc to the country’s water resources and lands.
