African Export-Import Bank v The National Government of the Republic of South Sudan

African Export-Import Bank v The National Government of the Republic of South Sudan

The Defendants are liable for the sums claimed under the Facility Agreements and Guarantees. 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 submission to jurisdiction and the commercial nature of the transactions. The Defendants have no real prospect of defending the claims and there is no other compelling reason for a trial. Summary judgment is appropriate.

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
03 April 2026
Procedural Posture
Commercial Debt Recovery / Summary Judgment Application and Determination
Outcome
Summary judgment granted for the Claimant against both Defendants
Legal Topics
Summary Judgment, Sovereign Immunity, Jurisdiction, Contract Enforcement, Loan Agreements, Guarantees
Commercial Law Banking and Finance Law Civil Procedure Summary Judgment Sovereign Immunity Jurisdiction Contract Enforcement Loan Agreements +1 more

Case Brief

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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 Recovery / Summary Judgment Application and Determination

Legal Issues

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

Ratio Decidendi

The Defendants are liable for the sums claimed under the Facility Agreements and Guarantees. 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 submission to jurisdiction and the commercial nature of the transactions. The Defendants have no real prospect of defending the claims and there is no other compelling reason for a trial. Summary judgment is appropriate.

Court Disposition

Summary judgment granted for the Claimant against both Defendants

Orders

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