REFERENCE NO. 39 OF 2021 LUPAIN GROUP INC v. THE ATTORNEY GENERAL OF SOUTH SUDAN

The Applicant alleges that it entered a contract with the Respondent arising out of the assignment of contractual rights and obligations by Intertorco Europe SA Limited of its agreement with the Respondent , an agreement of supply and delivery to the Respondent six hundred motor vehicles as specified thereunder in consideration of the Respondent paying the sum of United States Dollars Fifty-six Million Seven Hundred Twelve Thousand, Six Hundred Eighty-Nine (USD $ 56,712,689.00) which contact was backed by a sovereign guarantee in the form of prospective assignment of crude oil produce, The Applicant entered into an assignment of rights and obligations agreement with the said Intertorco  Europe SA Limited on 25^th 2020, the assignment was recognized and approved by the Respondent by issued a Bank Guaranteed No. 005/2020 dated of 29^th April 2021, the Applicant presented it for payment as stated  but the Respondent did  honour  the Bank Guaranteed without any justification or reasons which led to the infringement of Articles 6(d), 7(2) and 8 of the Treaty for the Establishment of the East African Community.