until the judgment debt of 15,900,000.00 USD is raised. That the Respondent in
defiance of the Court Order sold 780,000 metric tons out of 800,000 metric tons
from the stock of iron ore.
That in furtherance of the execution of its judgment, the Court entered into an
agreement with Messrs Investment and Finance Corporation and sold the remaining
20,000 tons of iron ore at USD200, 000.00. The Court entered into another
agreement with the same Messrs Investment and Finance Corporation and sold an
estimated stock of 20,000 tons of iron ore which were scattered around the initial
20,000 tons for the sum of USD 300,000.00. That the Respondent frustrated this sale
by imposing stringent tax clearance requirements and delay tactics making it
impossible to export the cargo.
The Applicant further aver that the Court became aware of the Respondents intention
to sell the remaining 20,000.00 tons which the Court had already sold to Messrs
Investment and Finance Corporation. Consequent upon this, the Court issued an
injunction restraining the Respondent from doing so. That the Respondent, in total
disregard of the injunctive order went ahead, sold and delivered approximately
17,000 tons of iron ore which was earlier on sold by the Court to Messrs Investment
and Finance Corporation.
That by a letter dated 12th November, 2009, the Respondent through its Attorney
General and Minister of Justice admitted the entitlement of the Applicants to the
Judgment sum of USD15,900,000.00 and made proposal to liquidate same but has
up till the time of filing this application refused to pay to the Applicant the Judgment
debt.
The Applicant states that the judgment sum of USD 15,900,000.00 is their property
and the Respondent’s failure to pay the judgment sum is a violation of their right to
property as enshrined under the ACHPR.
On the 30th of November 2015, the Respondent filed a preliminary objection to the
Applicant’s initiating application. The Respondent narrated the facts of the contract
3