Judgment on liability was entered against the defendant by the High Court on 23.9.2009 and damages are to be assessed. This judgment on liability was upheld by the Court of Appeal on 6.7.2010.

Thus, the proceedings before this court are limited to issues relating to assessment of damages that can be validly claimed by the plaintiff.

Plaintiffs claim

In this present case the plaintiff claims:

(i)Damages in the sum of USD 27,517,211.47 as pleaded in its Amended Statement of Claim or such other sum as this Court may assess or find proper.

(ii)Interest on all sums payable by the defendant at the rate of 8% per annum from 19.11.2008 to the date of final payment.

(iii)Costs.

Agreed facts

The following are the salient facts that are not in dispute.

(i)On 10-9-2008, the defendant issued an open Invitation to Bid ("ItB") for the supply of marine fuel oil ("MFO"), towards concluding a Bunker Fixed Price Agreement - TCM45/2008.

(ii)By the ItB, the defendant invited tenders for the supply of 102,600 mt ±5% operational tolerance level (basis 34,200 mt monthly) of MFO, for a period from 1-10-2008 to 31-12-2008.

(iii)Marinehub submitted its bid for the supply and delivery of MFO at the price of USD560.00/m

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