Kumasi High Court Dismisses Compensation Suit by 500 Former AngloGold Ashanti Workers
The High Court in Kumasi has dismissed a compensation lawsuit filed by 500 former employees of AngloGold Ashanti (Ghana) Limited, bringing finality to a decade-old labour dispute over retrenchments carried out in 2013 and 2014.
The suit, Peter Eshun & 499 Others v. AngloGold Ashanti (Ghana) Ltd (Suit No. C12/6323), was struck out on Monday, July 7, 2025, by Court of Appeal Justice Dr. Adusei Poku, who sat as an additional High Court Judge. The court upheld a preliminary legal objection by the mining firm, citing the statute of limitations as the basis for dismissal.
Per Ghana’s limitation laws, actions founded on contract—such as claims for severance entitlements—must be instituted within six years from the date of accrual. The plaintiffs’ claims, filed in 2024, were deemed to have been lodged well beyond the allowable legal window.
“Litigation ought to see an end,” remarked Justice Poku, referencing the Latin maxim interest rei publicae ut sit finis litium, which underscores the public interest in concluding litigation.
Fraud Argument Rejected
Lawyers for the plaintiffs, led by Nana Obiri Boahen with support from Asamoah Baffour Okyere Esq., argued that the six-year limitation period should be set aside due to alleged fraudulent conduct by AngloGold Ashanti, which they claimed delayed or concealed material facts concerning the retrenchment process.
However, the court found no credible evidence to substantiate those claims. Justice Poku held that the plaintiffs had failed to establish any fraud capable of tolling the statutory limitation.
“The court was not persuaded,” he ruled, noting that mere allegations, without factual proof of deception, were insufficient to circumvent the law’s time limits.
Labour Commission Decision Final and Binding
The court also rebuked the plaintiffs’ attempt to reopen matters already adjudicated by the National Labour Commission (NLC). Justice Poku clarified that decisions by the NLC can only be challenged at the Court of Appeal, not retried at the High Court.
Citing page 15 of his ruling, he noted: “The statutory route to challenging a decision, order or direction of the Labour Commission is by way of an appeal to the Court of Appeal… The principle that there must be an end to litigation must be applied rigorously.”
Legal Victory for AngloGold Ashanti
The ruling marks a significant legal win for AngloGold Ashanti and brings long-awaited closure to a lingering labour dispute tied to the company’s operations in Obuasi.
The mining firm was represented by O.K. Osafo Buabeng of Osewuo Chambers, assisted by Appiahene Osei Akoto Esq. Their legal argument centered on the finality of legal processes and strict application of statutory timelines, both of which were affirmed by the court.
Legal analysts say the decision underscores the critical importance of timely legal action and adherence to dispute resolution protocols—particularly in cases involving contractual employment claims and retrenchment benefits.
