Sahara Energy Resource Led v Rahamaniyya Oil And Gas Ltd & Anor [2020] EWHC 1585 (Comm) (18 June 2020)

Sahara Energy Resource Led v Rahamaniyya Oil And Gas Ltd & Anor [2020] EWHC 1585 (Comm) (18 June 2020)

The Respondents were properly served by email as permitted by court orders and evidenced by contemporaneous correspondence and settlement negotiations. They were aware of the committal proceedings and settlement terms. There was no good reason for non-attendance or delay in applying to set aside the orders. The applications to set aside the Service Order and subsequent committal orders fail.

Citation
[2020] EWHC 1585 (Comm)
Parties
Claimant/applicant: Sahara Energy Resource Limited; First Defendant/respondent: Rahamaniyya Oil and Gas Limited; Second Defendant/respondent: Ultimate Oil & Gas DMCC; Additional Respondent: Mr Alhaji Abdulrahaman Bashir; Additional Respondent: Mr Adebowale Aderemi
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Commercial Court Committal Proceedings / Application to Set Aside Previous Committal Orders
Outcome
Application to set aside orders dismissed
Legal Topics
Service of Process, Alternative Service, Committal Proceedings, Extension of Time, CPR 23.10, CPR 39.3, Settlement Agreements
Civil Procedure Commercial Law Contempt of Court Service of Process Alternative Service Committal Proceedings Extension of Time CPR 23.10 +2 more

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Parties

Sahara Energy Resource Limited

Claimant/applicant

Rahamaniyya Oil and Gas Limited

First Defendant/respondent

Ultimate Oil & Gas DMCC

Second Defendant/respondent

Mr Alhaji Abdulrahaman Bashir

Additional Respondent

Mr Adebowale Aderemi

Additional Respondent

Procedural Posture

Commercial Court Committal Proceedings / Application to Set Aside Previous Committal Orders

Legal Issues

  1. 1 Whether the Respondents were properly served with committal documents by email
  2. 2 Whether there are grounds to set aside the Service Order and subsequent committal orders
  3. 3 Whether the Respondents acted promptly and had good reason for not attending hearings under CPR 39.3(5)

Ratio Decidendi

The Respondents were properly served by email as permitted by court orders and evidenced by contemporaneous correspondence and settlement negotiations. They were aware of the committal proceedings and settlement terms. There was no good reason for non-attendance or delay in applying to set aside the orders. The applications to set aside the Service Order and subsequent committal orders fail.

Court Disposition

Application to set aside orders dismissed

Orders

  • No extension of time granted for setting aside Service Order
  • Service Order and subsequent committal orders remain in force