The Republic of Mozambique v Credit Suisse International & Ors Appeal information – Privinvest Shipbuilding SAL & others (appellants) v Filipe Jacinto Nyusi (respondent)
Wednesday 7 February 2024
By Appellant’s Notice filed on the 22 September 2023, this is an appeal against the order of Mr Justice Robin Knowles dated 18 September 2023 sitting in the Commercial Court.
President Nyusi is the President of the Republic of Mozambique (“the Republic”). He was joined as a Fourth Party to claims brought by six of the Defendants, headed by Privinvest Shipbuilding SAL (Holding) (“the Privinvest Defendants”).
These claims have been made within civil or commercial litigation, originally commenced by the Republic itself, that is of major scale.
The litigation concerns a number of transactions or alleged transactions, including alleged purchase and financing transactions. The claims by the Privinvest Defendants against President Nyusi are for a contribution as an alleged joint tortfeasor or a party to an alleged unlawful means conspiracy and in deceit, under Mozambican or English Law. The claims are concerned with alleged activity by President Nyusi outside the United Kingdom, at least primarily before he became President, and in any event not in his public capacity or part of his official functions.
On 21 May 2021 Cockerill J gave permission to the Privinvest Defendants to serve proceedings out of the jurisdiction on the President. The President accepts that he was served in Mozambique on 14 April 2023 through the Mozambique Court. The President has responded by claiming immunity from the jurisdiction of this Court as a serving Head of State.
The Privinvest Defendants contend that the President was first served much earlier, on 19 October 2021. The President denies that what happened then amounted to service, and he did not respond then by claiming immunity as Head of State.
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