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EFTA01122196

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IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION COMMERCIAL COURT BETWEEN: 2012 Folio 1333 (1) REPUBLIC OF DJIBOUTI (2) AUTORITE DES PORTS ET DES ZONES FRANCHES DE DJIBOUTI (3) PORT DE DJIBOUTI S.A. - and - (1) MR ABDOURAHMAN MOHAMED MAHMOUD BOREH (2) BOREH INTERNATIONAL FZE (3) ESSENCE MANAGEMENT LTD (4) NET SUPPORT HOLDINGS LTD SUMMARY OF KEY FINDINGS Overview Claimants Defendants I. The claims against Mr Boreh and his companies have been dismissed in their entirety. As a consequence, the court has rejected all of Djibouti's allegations that Mr Boreh engaged in fraudulent conduct, corrupt practices and accepted bribes. The judgment represents a real vindication of what Mr Boreh has contended throughout — that the claims against him were baseless and part of a malicious persecution of him, his family and business associates by the President of Djibouti, designed to crush him as a political opponent. The Abandoned Claims 2. Both immediately before and during the course of trial, Djibouti abandoned all but three of its separate heads of claim. Those that remained were the claims with the greatest potential value, taking in the claim over the shares in the company that owned the Horizon Terminal, which Djibouti alleged Mr Boreh had dishonestly obtained (value: approximately US$50m - US$75m) and losses flowing from the alleged "soft terms" Mr Boreh had negotiated in the agreements related to the DCT concession awarded to DP World (Value, on Djibouti's case: potentially in excess of US$ I bn). Also pursued were the alleged bribes that Djibouti said Mr Boreh had accepted from DP World to negotiate in their favour (Value: approximately US$1.3m). 3. In respect of those heads of its claim that were abandoned before or during trial, Mr Justice Flaux remarked that he could not "recollect a case in which so many claims (let alone ones involving allegations of dishonesty) have been pursued with such vigour and then abandoned at friar He w

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