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

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