Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors

Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors

The defendants' exclusion of the claimant from the Operating Committee meeting and passing of resolutions concerning Aje-6 and Aje-7 wells constituted an exercise of rights under Article 8.2 of the Joint Operating Agreement 'in respect of' those wells, in breach of the interim injunction.

Parties
Claimant: Pan Petroleum AJE Limited; Defendant: Yinka Folawiyo Petroleum Co Ltd; Defendant: YFP Deepwater Co Ltd; Defendant: EER (Colobus) Nigeria Ltd; Defendant: Newage Exploration Nigeria Ltd; Defendant: PR Oil & Gas Nigeria Ltd
Jurisdiction
England and Wales
Judgment Date
12 May 2017
Procedural Posture
Contempt of Court Application / Judgment on Contempt Application
Outcome
Defendants found in contempt of court
Legal Topics
Injunctions, Contempt of Court, Joint Operating Agreements, Oil and Gas Law
Commercial Law Contract Law Civil Procedure Injunctions Contempt of Court Joint Operating Agreements Oil and Gas Law

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Parties

Pan Petroleum AJE Limited

Claimant

Yinka Folawiyo Petroleum Co Ltd

Defendant

YFP Deepwater Co Ltd

Defendant

EER (Colobus) Nigeria Ltd

Defendant

Newage Exploration Nigeria Ltd

Defendant

PR Oil & Gas Nigeria Ltd

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Contempt Application

Legal Issues

  1. 1 Whether the defendants breached the terms of an interim injunction by excluding the claimant from an Operating Committee meeting concerning Aje-6 and Aje-7 wells
  2. 2 Interpretation of the scope of the injunction in relation to Article 8.2 and 8.4 of the Joint Operating Agreement

Ratio Decidendi

The defendants' exclusion of the claimant from the Operating Committee meeting and passing of resolutions concerning Aje-6 and Aje-7 wells constituted an exercise of rights under Article 8.2 of the Joint Operating Agreement 'in respect of' those wells, in breach of the interim injunction.

Court Disposition

Defendants found in contempt of court