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Pula’s $195m Motsepe claim thrown out of Tanzanian court on a technicality – for now

Pula’s $195m Motsepe claim thrown out of Tanzanian court on a technicality – for now

By GhanaSummary NewsroomSouth Africa

Ruling not entirely in Motsepe’s favour The Tanzanian court ruling didn’t go entirely in Motsepe’s favour, with the finding that Tanzania had jurisdiction in the matter – despite an earlier South African court ruling that the confidentiality agreement was concluded between ARM (not ARC) and Pula Group, and that its subsidiary company Pula Graphite has no contractual rights in terms of this agreement, nor can it suffer damages as a result of the alleged breach.

The High Court of Tanzania found that Pula failed to join to the proceedings two companies central to its case: Australian-listed Evolution Energy Minerals and its Tanzanian subsidiary Ngwena Tanzania, which operates the Chilalo graphite project in the Ruangwa district, not far from Pula’s own graphite project.

Pula says three key elements of its claim were established by the Tanzania court: the relationship and common control between ARM, ARC and ARCH; the investment links through the Evolution and Ngwena entities; and the operation of the competing Chilalo graphite project during the relevant period.

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