SAO CAPITAL LTD vs. PETRA ENERGY LTD AND JOSEPH KWASI ADDO-YOBO

The instant application has been brought by the Defendant/Applicants praying for an order to set aside writ of summons and statement of claim under Order 9 R. 8 of CI 47. The application is anchored on two main grounds, to wit that the Court lacks jurisdiction to entertain the instant application and also on grounds of want of capacity on the part of the Plaintiff. The Plaintiff/Respondent has filed an affidavit in opposition together with a supplementary affidavit essentially disputing the grounds upon which the instant application has been brought. In the first place, the Court would reject as untenable the Defendant/Applicants’ contentions that this Court has no jurisdiction in view of the fact that the Agreement Exhibit “JAY1”, incorporated a clause stipulating Mauritian law as the proper law to govern the Agreement. To begin with, the Agreement sought to be enforced in this present suit is the one dated the 11th of September 2019, and which is annexed to the Pla...