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Crime & Punishment of Tuesday, 8 July 2014

Source: Graphic Online

2 To answer charges for contempt of court

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 tends 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”.

Mr Anpengnuo is expected to move the motion for contempt today, July 8, 2014.

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