The Tema High Court has ruled against an interlocutory injunction application brought forth by four elders of the Terkperbiawe clan of Ada against the Minerals Commission, the Ada District Assembly, and Electrochem Ghana Limited (EGL) over the Ada Songhor lands.
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Presiding Judge Justice Malike Awo Woanyah Dey dismissed the application, which aimed to prevent the defendants from evicting the plaintiffs and their subjects from their land until the final determination of the suit.
The ruling, issued on April 16 2024, and obtained by the Ghana News Agency (GNA), highlighted that the plaintiffs sought various reliefs, including an interlocutory injunction and an award of costs by the court against the defendants.
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However, the court emphasized that for such relief to be granted, there must be evidence of a legal right that requires protection. It noted that the rights of the plaintiffs could not supersede those granted to Electrochem, which aimed to develop the salt industry for the community’s benefit.
The judgment highlighted the potential hardships that Electrochem would face if the application were granted, including substantial financial investments and a limited time frame for mining operations. Moreover, it emphasized the adverse impact on community development and industrial prospects.
Ultimately, the court deemed it unreasonable to grant the application, considering the uncertainties surrounding the review process by Parliament.
No costs were awarded against any party in the case.
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