Seladore Legal instructed by the President of Mozambique
1 August 2023
Seladore Legal has been instructed by the President of Mozambique, His Excellency President Nyusi, in respect of proceedings in the Commercial Court.
In 2019, the Republic of Mozambique brought claims worth over $2 billion against entities in the Credit Suisse and Privinvest groups among others. The claims concern an alleged international fraud perpetrated on the Republic of Mozambique to procure sovereign guarantees without proper authorisation.
In 2021, Privinvest issued a Part 20 claim against President Nyusi, among other persons, and obtained permission to serve out of the jurisdiction by reference to the differing obiter approaches to section 20 of the State Immunity Act 1978 by Vos J and Briggs LJ (as they then were) in Apex Global Management Ltd v Fi Call Ltd & Ord  EWHC 587 (Ch) and  EWCA Civ 642.
President Nyusi has applied to challenge the English court’s jurisdiction over him, in particular on the basis of state immunity under sections 14 and 20 of the State Immunity Act 1978. Without prejudice to this challenge, the allegations advanced by the Part 20 claimants have been rebutted such that service should be set aside. The Application challenging jurisdiction will be heard this week (w/c July 31) in the Commercial Court.
Simon Bushell and Gareth Keillor of Seladore Legal have instructed Rodney Dixon KC and Russell Hopkins of Temple Garden Chambers. They are working with Mohammed Nyaoga SC and Kennedy Ogetto, Mohammed Muigai LLP, Nairobi, who are instructed by President Nyusi.