African Export-Import Bank v National Government of the Republic of South Sudan & Anor [2025] EWHC 1079 (Comm) (02 April 2025)

African Export-Import Bank v National Government of the Republic of South Sudan & Anor [2025] EWHC 1079 (Comm) (02 April 2025)

The Defendants are liable for the sums claimed under the Facility Agreements and Guarantees as the contractual terms are clear, the defaults are established, and there is no real prospect of a defence. The Court has jurisdiction by virtue of exclusive jurisdiction clauses and valid service on the process agent. The Defendants are not entitled to sovereign immunity due to express waiver and the commercial nature of the transactions. Summary judgment is appropriate in the absence of any defence or compelling reason for trial.

Citation
[2025] EWHC 1079 (Comm)
Parties
Claimant/applicant: African Export-Import Bank; First Defendant/respondent: The National Government of the Republic of South Sudan; Second Defendant/respondent: The Bank of South Sudan
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Commercial Debt Claim (summary Judgment Application) / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for the Claimant against both Defendants.
Legal Topics
Summary Judgment, Sovereign Immunity, Jurisdiction, Debt Recovery, Enforcement of Foreign Judgments, Contractual Interpretation
Commercial Law Banking and Finance Civil Procedure International Law Summary Judgment Sovereign Immunity Jurisdiction Debt Recovery +2 more

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Parties

African Export-Import Bank

Claimant/applicant

The National Government of the Republic of South Sudan

First Defendant/respondent

The Bank of South Sudan

Second Defendant/respondent

Procedural Posture

Commercial Debt Claim (summary Judgment Application) / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendants are liable for the sums claimed under the Facility Agreements and Guarantees
  2. 2 Whether the Defendants are entitled to claim sovereign immunity
  3. 3 Whether the Court has jurisdiction

Ratio Decidendi

The Defendants are liable for the sums claimed under the Facility Agreements and Guarantees as the contractual terms are clear, the defaults are established, and there is no real prospect of a defence. The Court has jurisdiction by virtue of exclusive jurisdiction clauses and valid service on the process agent. The Defendants are not entitled to sovereign immunity due to express waiver and the commercial nature of the transactions. Summary judgment is appropriate in the absence of any defence or compelling reason for trial.

Court Disposition

Summary judgment granted for the Claimant against both Defendants.

Orders

  • The Republic of South Sudan to pay US$657,065,045.63 to Afreximbank.
  • The Bank of South Sudan to pay US$639,872,713.57 to Afreximbank under the Guarantees.