Sahara Energy Resource Limited v Rahamaniyya Oil & Gas Limited & Ors.

Sahara Energy Resource Limited v Rahamaniyya Oil & Gas Limited & Ors.

Where a party has fully complied with court orders, satisfied the opposing party, and the original claimant supports discharge, the court may exercise its discretion to discharge injunctions and contempt orders, especially in civil litigation where settlement has been reached and the claimant has been made whole.

Parties
Claimant/respondent: Sahara Energy Resource Limited; First Defendant/applicant: Rahamaniyya Oil & Gas Limited; Second Defendant/applicant: Ultimate Oil & Gas DMCC; Third Defendant/applicant: Alhaji Abdulrahaman Bashir; Fourth Defendant/applicant: Adebowale Aderemi
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Civil Commercial Court / Application to Discharge Injunction and Contempt Orders
Outcome
Application granted
Legal Topics
Injunctions, Contempt of Court, Enforcement of Arbitration Awards, Settlement Agreements
Civil Procedure Commercial Law Arbitration Injunctions Contempt of Court Enforcement of Arbitration Awards Settlement Agreements

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Parties

Sahara Energy Resource Limited

Claimant/respondent

Rahamaniyya Oil & Gas Limited

First Defendant/applicant

Ultimate Oil & Gas DMCC

Second Defendant/applicant

Alhaji Abdulrahaman Bashir

Third Defendant/applicant

Adebowale Aderemi

Fourth Defendant/applicant

Procedural Posture

Civil Commercial Court / Application to Discharge Injunction and Contempt Orders

Legal Issues

  1. 1 Whether to discharge previous injunction and contempt orders after compliance and settlement
  2. 2 Appropriate exercise of court's discretion to purge contempt and discharge orders

Ratio Decidendi

Where a party has fully complied with court orders, satisfied the opposing party, and the original claimant supports discharge, the court may exercise its discretion to discharge injunctions and contempt orders, especially in civil litigation where settlement has been reached and the claimant has been made whole.

Court Disposition

Application granted

Orders

  • All previous injunctions and contempt orders, including those made by Butcher J, are discharged, subject to Mr Bashir paying £75,000 to the Access to Justice Foundation.