The Plaintiff said its officials attended numerous meetings with the President, Vice
President, Finance Minister, Labour Minister, Minister of Agriculture, Director of
Forests, Forestry Division representative to discuss the breach of the Agreement.
Although, the Defendant did not rescind the ban, the Plaintiff was forced by the
Defendant to pay an additional three (3) months of wages to its workers. According
to the Plaintiff, it was operating at a loss, and so it decided to stop all operations
after the President of Sierra Leone had reneged on his promise on three separate
occasions to lift the ban. The Plaintiff was forced at great expense to relocate all its
equipment to Kenema for safekeeping.
Plaintiff further states that in 2011, its representatives met with top officials of the
Defendant to discuss the issue of compensation, but the Defendant refused to
commit itself. From the records before this Court, in 2012, the Plaintiff sued the
Defendant at the High Court of Sierra Leone (Commercial Division) for the breach
of the contract. The Defendant decided not to take part in the proceedings. The
court gave a default judgment in favour of the Plaintiff. Based on the default
judgment obtained from the court, the Plaintiff continued up to 2017 to persuade
the Defendant to reach a settlement, but the Defendant still refused to discuss
compensation on the ground that the Agreement provided for arbitration and not
civil litigation.
According to the plaintiff, a meeting was held between its Counsel Mr. Ibrahim
Yillah on January 5, 2018, the Defendant’s Attorney-General, Mr. Joseph Fitzgerald
Kamara and the defendant’s Attorney General informed the plaintiff that it was not
prepared to refer the dispute to arbitration in line with the terms of the Venture
Agreement.
5