Traxys Europe SA v Sodexmines Nigeria Ltd [2020] EWHC 2195 (Comm) (12 August 2020)

Traxys Europe SA v Sodexmines Nigeria Ltd [2020] EWHC 2195 (Comm) (12 August 2020)

The Claimant failed to establish that England is clearly the forum in which the case against Mr. Ali may be tried more suitably for the interests of all parties and the ends of justice. The centre of gravity of the case is in Nigeria, where the events occurred and the witnesses are located. The claim against Mr. Ali is therefore stayed in favour of Nigerian proceedings.

Citation
[2020] EWHC 2195 (Comm)
Parties
Claimant: TRAXYS EUROPE SA; First Defendant: Sodexmines Nigeria Limited; Second Defendant: Mr. Basem El Ali
Jurisdiction
England and Wales
Judgment Date
12 August 2020
Procedural Posture
Application for Stay of Proceedings (forum Conveniens) / Judgment on Application for Stay
Outcome
Stay granted in favour of Nigerian proceedings.
Legal Topics
Forum Conveniens, Jurisdiction, Service Out of Jurisdiction, Tort (deceit, Conspiracy), Contractual Jurisdiction Clauses
Private International Law Commercial Law Tort Law Forum Conveniens Jurisdiction Service Out of Jurisdiction Tort (deceit, Conspiracy) Contractual Jurisdiction Clauses

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Parties

TRAXYS EUROPE SA

Claimant

Sodexmines Nigeria Limited

First Defendant

Mr. Basem El Ali

Second Defendant

Procedural Posture

Application for Stay of Proceedings (forum Conveniens) / Judgment on Application for Stay

Legal Issues

  1. 1 Whether England or Nigeria is the appropriate forum for the claim against Mr. Ali
  2. 2 On whom the burden of proof lies in a stay application where service out of jurisdiction was granted
  3. 3 Whether the claim against Mr. Ali should be stayed in favour of Nigerian proceedings

Ratio Decidendi

The Claimant failed to establish that England is clearly the forum in which the case against Mr. Ali may be tried more suitably for the interests of all parties and the ends of justice. The centre of gravity of the case is in Nigeria, where the events occurred and the witnesses are located. The claim against Mr. Ali is therefore stayed in favour of Nigerian proceedings.

Court Disposition

Stay granted in favour of Nigerian proceedings.

Orders

  • Proceedings against Mr. Ali stayed on forum conveniens grounds.
  • World Freezing Order (WFO) to remain in force until Claimant can apply for similar relief in Nigeria; to be set aside once Nigerian court resolves application.