ThinkGhana-Vrs- SEC, Ghana" Supplementary Affidavit

IN THE HIGH COURT OF JUSTICE
FAST TRACK DIVISION
ACCRA A. D. 2006

SUIT NO. AP22/2006
THE REPUBLIC

VRS

SECURITIES AND EXCHANGE COMMISSION}
C/o SEC Bldg, Ministries } RESPONDENT
Accra }
(Applicant will direct service)

Ex Parte ThinkGhana }
C/o 28/1 Castle Road, Adabraka, Accra } APPLICANT


NOTICE OF SUPPLEMENTARY AFFIDAVIT

Please TAKE NOTICE that at the hearing of the substantive application, Counsel for the Applicant will seek leave of this Honourable Court to rely on the supplementary affidavit attached hereto.


DATED AT 1ST LAW, ACCRA THIS 20th DAY OF MARCH, 2006





SOLICITOR FOR APPLICANT

THE REGISTRAR
FAST TRACK COURT
ACCRA.
AND FOR SERVICE ON THE RESPONDENT










IN THE HIGH COURT OF JUSTICE
FAST TRACK DIVISION
ACCRA A. D. 2006

SUIT NO. AP22/2006
THE REPUBLIC

VRS

SECURITIES AND EXCHANGE COMMISSION}
C/o SEC Bldg, Ministries } RESPONDENT
Accra }
(Applicant will direct service)

Ex Parte ThinkGhana }
C/o 28/1 Castle Road, Adabraka, Accra } APPLICANT

SUPPLEMENTARY AFFIDAVIT

I, Joe Aboagye Debrah, of F119B, Palm Avenue, Ashongman Estates, Accra, Chief Executive/Founder of ThinkGhana, do make oath and say as follows:

1. That I am the Deponent herein and have the authority and consent of the Applicant organisation to depose to these facts which are also within my personal knowledge.

1. That the Applicant caused its solicitors to file an application for an order of mandamus to issue against the Respondents on March 16, 2006 and attached an affidavit in support.

2. That the solicitors inadvertently omitted to attach a copy of the Ghana Stock Exchange Press Release numbered 021/2004 referred to in paragraphs 20 and 21 of the affidavit in support.

3. That I hereby attach a copy of the said press release as “exhibit TG15”.

4. That I have since received notice of a petition to the General Legal Council filed by Mr. Devlin Hainsworth who styled himself as the Managing Director of Ghana Breweries Limited (GBL).

5. That the said petition was on the corporate letterhead of GBL and duly signed as such and also exhibited the names of the directors of GBL on the said letterhead. The relevant portions of the said corporate communication from GBL are attached hereto as exhibit “TG16”.



6. That exhibit TG16 is incontrovertible proof that there has been no merger between GGL and GBL to form GGBL as stated by the Respondent in exhibit TG2, which formed part of its reasons for refusing to do its legal duty to investigate the complaint filed by the Applicant.

7. That the Respondent has a legal duty under relevant securities legislation to ensure that GGBL makes disclosure to the Ghanaian public that no merger has taken place and yet has in the face of all the evidence that is available to it has refused to implement the relevant law on the matter.

8. That if there had been a merger as alleged by the Respondent in exhibit TG2, GBL will not be in existence and would not be communicating as a corporate entity as recently as February 28, 2006.

9. That there are currently about 1000 shareholders of GBL and more than 500 employees of record of GBL which remains a viable separate legal entity as per the Chairman of GGBL’s statement in exhibit “TG10”.

10. Wherefore I swear to this affidavit in support.

Sworn at Accra this 20th day of March, 2006



………………………..
DEPONENT

BEFORE ME





COMMISSIONER OF OATHS





AND FOR SERVICE ON THE RESPONDENTS