Craft Development SCI v Actis LLP (a firm) & Ors

Craft Development SCI v Actis LLP (a firm) & Ors

A judgment appointing a provisional administrator under Cameroon law is not subject to enforcement (exécution forcée) and does not require a grosse with the executory formula to have substantive legal effect. The 8 March 2021 High Court of Wouri judgment and the 21 January 2022 Court of Appeal decision conferred...

Source-derived case information.

Parties
Claimant: Craft Development SCI (suing by its provisional administrator Mr Ngoua Elembe Hiob); Defendant: Actis LLP; Defendant: Actis Africa Real Estate Fund 3; Defendant: Actis Africa Real Estate 3A LP; Defendant: Actis Africa Real Estate 3 Co-Investment Scheme LP; Defendant: Actis Africa Real Estate 3c LP; Defendant: Actis GP LLP; Respondent: Dr Mirande Nasah (trading as Mirande Nasah Solicitors)
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Civil (preliminary Issue in Company/commercial Proceedings) / High Court Trial of Preliminary Issue
Outcome
Application to strike out dismissed
Legal Topics
Authority of Foreign Company Representatives, Recognition of Foreign Judgments, Appointment of Provisional Administrator, Enforcement of Foreign Judgments, Procedural Requirements Under Cameroon Law
Company Law Private International Law Civil Procedure Authority of Foreign Company Representatives Recognition of Foreign Judgments Appointment of Provisional Administrator Enforcement of Foreign Judgments Procedural Requirements Under Cameroon Law

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Parties

Craft Development SCI (suing by its provisional administrator Mr Ngoua Elembe Hiob)

Claimant

Actis LLP

Defendant

Actis Africa Real Estate Fund 3

Defendant

Actis Africa Real Estate 3A LP

Defendant

Actis Africa Real Estate 3 Co-Investment Scheme LP

Defendant

Actis Africa Real Estate 3c LP

Defendant

Actis GP LLP

Defendant

Dr Mirande Nasah (trading as Mirande Nasah Solicitors)

Respondent

Procedural Posture

Civil (preliminary Issue in Company/commercial Proceedings) / High Court Trial of Preliminary Issue

Legal Issues

  1. 1 Whether Mr Hiob and/or Dr Nasah had authority to institute proceedings on behalf of Craft Development SCI under Cameroon law
  2. 2 Whether the absence of a grosse (judgment with executory formula) prevents the appointment of a provisional administrator from having legal effect
  3. 3 Whether the claim should be struck out for lack of authority

Ratio Decidendi

A judgment appointing a provisional administrator under Cameroon law is not subject to enforcement (exécution forcée) and does not require a grosse with the executory formula to have substantive legal effect. The 8 March 2021 High Court of Wouri judgment and the 21 January 2022 Court of Appeal decision conferred authority on Mr Hiob to act as provisional administrator of Craft Development SCI, even absent a grosse. The application to strike out the claim for lack of authority is dismissed.

Court Disposition

Application to strike out dismissed

Orders

  • The application to strike out the claim for lack of authority is dismissed.
  • The court will hear the parties on the appropriate form of order and consequential matters.