Four Chinese nationals, Shi Li Wen, Huang Shen Jun, Li De Hao and Lan Hai Song, who were found to be engaged in illegal mining at Adaase near Kwapia in the Obuasi Municipality of Ashanti and whose deportation was ordered by a Kumasi High Court on June 3, 2021 have been restrained.
They cannot be deported because they are involved in a pending substantive case in court, following a notice of civil appeal against the deportation of the Chinese nationals.
The Court of Appeal, sitting in Kumasi on July 26, 2021 granted an application of stay of execution of an order of a Kumasi High Court.
The Appellate Court, presided over by Mrs. Justice A. M. Domakyaareh said the Chinese respondents in the case would have to service their civil liability in court before they are deported.
The Court of Appeal had upheld the submissions of counsel of the plaintiffs/appellants /applicants that the ruling of the trial High Court judge had occasioned substantial miscarriage of justice since it (High Court) had not considered the destruction of their (plaintiffs) property.
The Court also struck out Ghana Immigration Service, first defendant in the case, because it was wrongly joined without any court order and, therefore, not a necessary party to the case.
The three plaintiffs, Borometech Construction Company Limited, Seidu Fanzia School and Samuel Aboagye, had served notice of civil appeal against the deportation of the Chinese nationals who had unlawfully entered and undertaken illegal mining in a tract of land approved for educational purposes without the consent of the rightful owners.
The defendants are said to have unconstitutionally, unlawfully and illegally entered and trespassed onto the lands of the first and second plaintiff/ appellants without the mandate, authority and consent as lawful owners, and thus mined gold without the permission of the owners.
By their conduct the Chinese had destroyed the entire land, totalling 40-acres and thus rendered the said land physically unsuitable for the primary purpose underlying the acquisition of the land.
But His Lordship, Mr. Justice E. Senyo Amedahe at a sitting on June 3, 2021 ordered the deportation of Shi Li Wen, Huang Shen Jun, Li De Hao and Lan Hai Song, who are facing civil liabilities to the tune of GHc16,000,000 claim.
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