cruiser51
Top 20
Ohh, la, la
Master Christian gets a Guernsey too !
There is much to be found and absolutely worth reading.
My conclusion.....
Cominière and CKK are tolately and royally fukked.
9. The new facts invoked by the Defendant (Cominière) in its letter of October 25 2024
A. The dispute with Maître Christian Lukusa/Cabinet Momentum Attorneys & Advisors
915.
The Arbitral Tribunal notes that the new documents filed by the Respondent on October 25, 2024, in particular exhibits R-326, R-329 and R-330, and by the The plaintiffs (AVZI) on October 30, 2024, particular exhibits DM-305, DM-306 and DM- 308, show that there is ongoing litigation in the DRC between AVZI and its former lawyer Maître Christian Lukusa in connection with an escrow amount of USD 20 million which he was mandated to hold for AVZI in an escrow account.
916.
This is not disputed by AVZI, which states that it was forced to terminate Christian Lukusa's representation and file a formal criminal complaint against him for breach of trust, and forgery on September 30, 2024.
917.
In this context, a press article was published in Iigne on mines.cd on October 20, 2024 entitled "Démenti, droit de réponse et clarifications sur les accusations portées contre Me Christian Lukusa". This article was referred to by the Defendant in its letter of October 25, 2024, but produced by the Plaintiffs as Exhibit DM -308.
918.
In this article, Ple Christian Lukusa alleges, among other things, that AVZI's directors made false declarations in connection with the partial waiver PR 13359 and failed to pass on the "true amounts" in the case of the "Media consultant".
919.
The dispute between AVZI and its former lawyer is pending and has not yet been adjudicated, so that the Arbitral Tribunal cannot take any position on the acts of which the lawyer is accused or on the fate of the escrow funds.
920.
The arbitral tribunal notes that it is AVZI that considers itself to have been the victim an offence, since it has lodged a criminal complaint against its former lawyer, who is alleged to have potentially misappropriated funds.
921.
The Arbitral Tribunal therefore cannot accept the Defendant's position that this state of affairs "raises numerous questions as to AVZ's probity" 414.
922.
As it stands, the Arbitral Tribunal cannot attach any probative value to the elements reported by AVZI's former lawyer in a press article41' since the latter, who is the subject of criminal complaint for possible misappropriation funds and is in open conflict with AVZI, provides no evidence in support of his accusations. In these circumstances, the comments made by AVZI's former lawyer must be treated with the utmost circumspection.
923.
Moreover, the content of this article is too vague to allow any conclusions to be drawn in relation to the present proceedings.
924.
The article mentions only that "(...) the statements made to the Court by Nigel and John are false in relation to the realities of the partial assignment the PR 13359 License", so it is not possible to determine which statements are involved, what their content is, or whether they refer to the demerger of PR 13359, the relinquishment of part of the scope of PR 13359, or something else.
etc, etc, etc
Master Christian gets a Guernsey too !
There is much to be found and absolutely worth reading.
My conclusion.....
Cominière and CKK are tolately and royally fukked.
9. The new facts invoked by the Defendant (Cominière) in its letter of October 25 2024
A. The dispute with Maître Christian Lukusa/Cabinet Momentum Attorneys & Advisors
915.
The Arbitral Tribunal notes that the new documents filed by the Respondent on October 25, 2024, in particular exhibits R-326, R-329 and R-330, and by the The plaintiffs (AVZI) on October 30, 2024, particular exhibits DM-305, DM-306 and DM- 308, show that there is ongoing litigation in the DRC between AVZI and its former lawyer Maître Christian Lukusa in connection with an escrow amount of USD 20 million which he was mandated to hold for AVZI in an escrow account.
916.
This is not disputed by AVZI, which states that it was forced to terminate Christian Lukusa's representation and file a formal criminal complaint against him for breach of trust, and forgery on September 30, 2024.
917.
In this context, a press article was published in Iigne on mines.cd on October 20, 2024 entitled "Démenti, droit de réponse et clarifications sur les accusations portées contre Me Christian Lukusa". This article was referred to by the Defendant in its letter of October 25, 2024, but produced by the Plaintiffs as Exhibit DM -308.
918.
In this article, Ple Christian Lukusa alleges, among other things, that AVZI's directors made false declarations in connection with the partial waiver PR 13359 and failed to pass on the "true amounts" in the case of the "Media consultant".
919.
The dispute between AVZI and its former lawyer is pending and has not yet been adjudicated, so that the Arbitral Tribunal cannot take any position on the acts of which the lawyer is accused or on the fate of the escrow funds.
920.
The arbitral tribunal notes that it is AVZI that considers itself to have been the victim an offence, since it has lodged a criminal complaint against its former lawyer, who is alleged to have potentially misappropriated funds.
921.
The Arbitral Tribunal therefore cannot accept the Defendant's position that this state of affairs "raises numerous questions as to AVZ's probity" 414.
922.
As it stands, the Arbitral Tribunal cannot attach any probative value to the elements reported by AVZI's former lawyer in a press article41' since the latter, who is the subject of criminal complaint for possible misappropriation funds and is in open conflict with AVZI, provides no evidence in support of his accusations. In these circumstances, the comments made by AVZI's former lawyer must be treated with the utmost circumspection.
923.
Moreover, the content of this article is too vague to allow any conclusions to be drawn in relation to the present proceedings.
924.
The article mentions only that "(...) the statements made to the Court by Nigel and John are false in relation to the realities of the partial assignment the PR 13359 License", so it is not possible to determine which statements are involved, what their content is, or whether they refer to the demerger of PR 13359, the relinquishment of part of the scope of PR 13359, or something else.
etc, etc, etc
fucking clowns.
