ThinkGhana-Vrs- SEC,Ghana: Supplementary Affidavit 2

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 24th DAY OF APRIL, 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 my solicitors also filed a supplementary affidavit in respect of other matters that needed to be brought to the Honourable Court’s attention for justice to be done.

3. That further to the filing of the said supplementary affidavit, there has been a publication in the Daily Graphic newspaper of Friday, April 21, 2006 of a notice of an annual general meeting by Ghana Breweries Limited, a copy of which is attached hereto as exhibit “TG17”.

4. That exhibit TG17 is further 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.

5. That both the Respondent and Guinness Ghana Breweries Limited have a legal duty under relevant securities legislation to ensure that full disclosure is made to the Ghanaian public that no merger has taken place and the consequential breaches of the law duly acknowledged and punished as such.

6. 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 calling a general meeting per exhibit TG17 to be held on April 28, 2006.

7. That by condoning such flagrant breaches of the securities laws and not taking any steps to sanction GGBL for the breaches of law, the Respondent is promoting a culture of impunity unknown to securities regulation which can only be ended by the intervention of this Honourable Court.

8. Wherefore I swear to this affidavit in support.

Sworn at Accra this 24th day of April, 2006



………………………..
DEPONENT

BEFORE ME





COMMISSIONER OF OATHS





AND FOR SERVICE ON THE RESPONDENTS