ThinkGhana-Vrs-SEC,Ghana: Supplementary Affidavit3

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 2nd DAY OF MAY, 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 supplementary affidavits 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 affidavits, there has been a publication in the Daily Graphic newspaper of Tuesday, May 2, 2006 to the effect that the Managing Director of Guinness Ghana Breweries Limited and Ghana Breweries Limited (GBL) had admitted at GBL’s Annual General Meeting that Guinness and GBL are separate entities. A copy of the report is attached hereto as exhibit “TG18”.

4. That exhibit TG18 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 the fact of GBL’s AGM and the publication of the statements in a national newspaper without any disclaimers from the SEC, the GSE or GGBL that all the named parties are fully aware of the breaches of securities laws and have elected to condone them and not apply the applicable sanctions unless compelled by the Honourable Court so to do.

6. Wherefore I swear to this affidavit in support.

Sworn at Accra this 2nd day of May, 2006



………………………..
DEPONENT

BEFORE ME





COMMISSIONER OF OATHS





AND FOR SERVICE ON THE RESPONDENTS