both suits; i.e. before the High Court of Sierra Leone and in the present case, the
argument of the Defendant is that the Plaintiff is in breach of the Arbitration Clause
in Annexure “A” since the parties have voluntarily and expressly agreed to resolve
their dispute by arbitration under the provisions of the applicable laws of Sierra
Leone. The relevant law being the Arbitration Act (Caps 25) of the laws of Sierra
Leone. The Defendant, accordingly submitted forcefully that the parties have a duty
to honour the arbitration clause in Annexure “A”. The Plaintiff’s failure to honour
such an important duty as a pre-condition under their Agreement makes its present
action inadmissible.
Secondly, the Defendant contends that the subject matter of the Plaintiff’s suit
pertains to an alleged unlawful termination of Annexure “A”. The Defendant argues
that the alleged illegal ban upon which the Plaintiff has grounded its action was an
event which occurred in March 2008. In the circumstance, the Defendant submits
that commencing the present action on 14 February 2018 renders the action
statute barred under the relevant texts of this Honourable Court. The Defendant is
hugely relying on Article 9(3) of the 1991 Protocol (A/P1/7/91) on the Court as
amended by Article 3 of the Supplementary Protocol of 2005 (A/SP/.1/01/05). To
this end, the Defendant submitted that the Honourable Court lacks jurisdiction to
entertain the Plaintiff’s suit because the suit is statute barred.
The third ground of the Defendant’s arguments relates to the assertion of an abuse
of the process of this Hnourable Court by the Plaintiff. According to the Defendant,
the Plaintiff, in its initiating pleadings under paragraph 20 thereof stated that in
2012, it obtained a judgment from the High Court of Sierra Leone against the
Defendant in Suit No. C.C 100/12, 2012 and exhibited same as Annexure “H”. The
11