Summary

These proceedings were commenced by the Claimant, Augusta Energy SA ("Augusta") against the Defendant, Top Oil and Gas Development Company Limited ("Top Oil") by a Claim Form dated 18 October 2023 supplemented by Particulars of Claim dated 16 January 2024. The Claim Form sets out that the parties were party to a sale contract concluded in about April 2015 (the "Contract") by which the Claimant and Defendant contracted for the sale by the Claimant to the Defendant of 10,000 metric tonnes (+/- 10%) of automotive gasoil ("AGO") CIF Lagos, which was subject to long-form sale contract terms issued on 29 April 2015 (the "Detailed Terms"), that included at clause 17 an exclusive jurisdiction agreement in favour of "the High Courts in London" ("Clause 17").

The Claim Form seeks three heads of substantive relief: (i) a final anti-suit injunction restraining Top Oil from continuing Suit No FHC/L/CS/775/2021: Top Oil and Gas Development Company Limited v. Augusta Energy S.A. at the Federal High Court of Nigeria, Lagos Division (the "Nigerian Proceedings"), or commencing or continuing other proceedings in breach of Clause 17; damages caused by Top Oil's breach of Clause 17 in commencing the Nigerian Proceedings; and a declaration that Augusta has no liability to Top Oil in connection with the Contract.