Leon Oil 200,000 Litres Fuel Scam, High Court Slams Injunction.March 16, 2021
By Abu Bakarr Kargbo
The High Court of Sierra Leone has issued out an interim injunction against Leon Oil Company Limited effective Friday 12th March 2021, which prevents the company from operating until the decision is revoked. The High Court ordered that “An interim injunction restraining the Defendants/Respondents whether by themselves, their agents, servants, workmen, privies or whosoever from trading fuel products pending the hearing and determined of this application.”
The Ex-Parte Notice of Motion dated 1st March 2021 was filed by J.J. Campbell Esq. with an affidavit in support therein together with exhibits attached on behalf of his client, Jaffer Zeghir of 36B Bai Bureh Road in Freetown
The matter between the Plaintiff, and Defendants, the Managing Director of Leon Oil Company Limited and the Leon Oil Company Limited, were before Justice S.O. Taylor J of the High Court holding in Freetown on Friday 12th March 2021. After a thorough legal argument between Counsel for the Plaintiff J.J. Campbell Esq. and Counsels for the Defendants Patrick Fofanah Esq. and Pabs-Garnon Esq. of the Lambert Chambers, both parties agreed that Plaintiff is paid cost and damages should he wins the case.
The Defendants are of the view that their client, Leon Oil Company Limited is expecting two vessels with fuel products coming in and that the injunction would prevent the company from selling the consignment to the public, hence causing fuel shortage. As at the time of leaving the courtroom, the signed undertaking was yet to be presented.
The statement of claim states that there has been a good business relationship between the Plaintiff and the Defendants over the years in relation to fuel products buying and supplying until recently; that between the 27 day of January and the 2 day of February, 2021, the Plaintiff bought a total of Two Hundred Thousand Litres of assorted fuel products from the Defendants to the tune of One Billion, Two Hundred and Ninety-Six Million, Four Hundred Thousand Leones (Le1, 296, 400, 000); that after purchasing the said products, the Plaintiff was issued with a receipt and/or delivery notes in anticipation of collecting same from the Defendants; that the said products were meant to be transported to the provinces, but before the Plaintiff could transport same the Government of Sierra Leone had imposed some Internal Lockdown measures, restriction of movement within the Country; that the Defendants were aware of the constraints of the Plaintiff was relations to the Plaintiff getting the required passed for his fuel tankers and for the drivers to get the required Covid-19 test results from NACOVERC; That after the Plaintiff had ascertained the passes for his fuel tankers and the required COVID-19 test results for the drivers, the Plaintiff approached the Defendants to collect the products from the Defendants, the Plaintiff was informed by the Defendants that the pump prices of the fuel products has increased due to the Press Release and therefore the Plaintiff would have to pay the increased deliverances before they could supply the products the Plaintiff had initially purchased; that on arrival of the Defendants refused to give the fuel products to the Plaintiff, but rather demanded more monies to be paid by the Plaintiff before delivery; that on enquire the Defendants stated there has been an increase in pump prices and therefore the Plaintiff must pay the difference in price; that the Plaintiff refused paying the increased price and by letter dated the 5th Day of February, 2021 the Solicitors for the Plaintiff wrote a letter to the Defendants demanding the supply of Two Hundred Thousand (200,000) litres of fuel products from the Defendants; that the Defendants have refused to supply the Plaintiff’s fuel products and as a result of the Defendants conduct, the Plaintiff has suffered undue hardship, depravity and loss; and that the Defendants despite several demands made on them by the Plaintiff to supply the products have proven futile unless ordered by this Honourable Court. The Plaintiff claims thus: A Declaration that there is a binding contract between the Plaintiff and the Defendants for the buying and supply or Two Hundred Thousand Litres of assorted Petrol and Diesel products; A Declaration that the Defendants were bound by the said contract to supply the Two Hundred Thousand Litres of assorted Petrol and Diesel products to the Plaintiff; An Interlocutory Injunction against the Defendants from conducting any further business or buying and selling fuel products pending the hearing and determination of this Action; and Damages for breach of contract. As investigations continue, see more next edition.