REFERENCE NO. 38 OF 2021 LUPAIN GROUP INC v. THE ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN

The Applicant alleges that they entered into a contact with the Respondent on 11^th June 2019 for the supplying and delivery of various units of motor vehicles and motor equipment, in consideration of the Respondent paying  the sum of United States Dollars Two Million Three Hundred and Sixty Thousand (USD $ 2,360,000), that the Applicant performed its obligation under the said contact which items were duly accepted by the Respondent, that the Respondent proceeded to issue the Bank Guaranteed number 004/2020 on 29^th April 2020 by the Bank of South Sudan in favour of the Applicant  but the Respondent did not honour it, with the failure to honour the Bank Guarantee wreaking havoc on the Applicant’s business as it triggered the Applicant’s creditors to immediately call up all credit facilities that hitherto extended to the Applicant, that act constitute a violation of rule of law including violation of Articles 6(d), 7(2) and 8 of the Treaty.