Court rules on TotalEnergies case

The High Court’s Commercial Division has ruled that the Government and Prima Fuels Limited can pursue fuel rebate claims against TotalEnergies Marketing Limited worth K824 billion, covering the period between July 10, 2013 and July 11, 2019.

In a judgment delivered in Lilongwe, Justice Trouble Kalua held that only unpaid monthly rebates falling within six years before the case was filed are recoverable, while claims older than six years are barred by the law.

The court also ruled that although TotalEnergies Marketing Limited’s letter of March 29, 2012 amounted to anticipatory repudiation of the fuel supply agreement, Prima Fuels did not accept it, meaning the agreement remained legally valid and enforceable.

The Government, represented by Attorney General Frank Mbeta, is claiming about US$180 million in unpaid rebates, while Prima Fuels Limited is seeking US$300 million.Meanwhile, TotalEnergies Marketing Limited is being represented by Senior Counsel Mordecai Msisha, Patrice Nkhono and Alfred Majamanda.