Unitel SA v Unitel International Holdings BV & Anor

Unitel SA v Unitel International Holdings BV & Anor

Unitel has a good arguable case against Ms dos Santos under both the Mustill J and three-limb Brownlie tests; the claim was filed within six months of the shareholder resolution as required by Article 80(1) ACCL; there is a real risk of dissipation given the nature of the alleged wrongdoing and adverse findings...

Source-derived case information.

Parties
Claimant: Unitel S. A.; Defendant: Unitel International Holdings B. V.; Defendant: Isabel dos Santos
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Freezing Order Application / Ruling on Freezing Order Application
Outcome
Freezing order granted in favour of Unitel against Ms dos Santos.
Legal Topics
Freezing Orders, Director's Duties, Foreign Law (angola), Statute of Limitations, Asset Dissipation
Commercial Law Company Law Civil Procedure Freezing Orders Director's Duties Foreign Law (angola) Statute of Limitations Asset Dissipation

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Parties

Unitel S. A.

Claimant

Unitel International Holdings B. V.

Defendant

Isabel dos Santos

Defendant

Procedural Posture

Commercial Court Freezing Order Application / Ruling on Freezing Order Application

Legal Issues

  1. 1 Whether Unitel has a good arguable case against Ms dos Santos for breach of director's duties under Angolan law
  2. 2 Whether Unitel's claim is time-barred under Angolan Commercial Companies Law Article 80(1)
  3. 3 Whether there is a real risk of dissipation of assets by Ms dos Santos

Ratio Decidendi

Unitel has a good arguable case against Ms dos Santos under both the Mustill J and three-limb Brownlie tests; the claim was filed within six months of the shareholder resolution as required by Article 80(1) ACCL; there is a real risk of dissipation given the nature of the alleged wrongdoing and adverse findings against Ms dos Santos; existing freezing orders do not provide adequate reassurance and do not preclude a new order; it is just and convenient to grant a worldwide freezing order.

Court Disposition

Freezing order granted in favour of Unitel against Ms dos Santos.

Orders

  • Freezing order to be issued against Ms dos Santos, terms to be finalised at further hearing.
  • Order likely to be worldwide, not restricted to assets in jurisdiction.