Tuesday, 11 June 2013

Maputo latest

Companhia Mineira de Naburi (“CMdN”)
Nick Trew, CEO of Pathfinder Minerals plc (“Pathfinder Minerals”), admits to Maputo Court that Pathfinder Minerals has never paid the $9.9m owing to General Veloso and Diogo Cavaco for the shares of CMdN.
At a preliminary hearing of Proceeding no. 03/2012 regarding Pathfinder Minerals’ claim to own the shares of CMdN, held in the Commercial Section of the Judicial Court of Maputo City on 15 May 2013, Nick Trew, the CEO of Pathfinder Minerals, together with his lawyer Dr Alvaro Pinto Basto of CGA, confirmed under oath and after sustained questioning to Judge Claudina Mutepua that neither Pathfinder Minerals, its subsidiary company IM Minerals Limited nor their associated company International Mercantile Group Limited (controlled by Nick Trew and Gordon Dickie) had ever paid the $9.9m owing for the shares of CMdN under the Option Agreement dated 10 February 2006.


Diogo Cavaco said:

“We are pleased that Nick Trew has been forced to admit the truth to the Mozambique Court that he and his fellow promoters have never honoured the Option Agreement General Veloso and I signed with them in good faith in 2006.  We are hopeful that the Mozambique courts will now throw out Pathfinder Minerals’ completely unfounded claims to own the shares of CMdN”  


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Note to Editors:

In the High Court judgement obtained by Pathfinder Minerals in October 2012, the judge correctly found that the Share Option Agreement by which Pathfinder Minerals claimed to own shares of CMdN was indeed an option agreement, under which the option could only be exercised upon payment of the purchase price of $9.9m, which has not been paid. Accordingly, under Mozambique law ownership of CMdN shares never passed to Pathfinder Minerals.

To this day, the promoters of Pathfinder Minerals, Nick Trew, Gordon Dickie, John McKeon and Tim Baldwin have only ever paid $100,000 in respect of the Option Agreement entered into in good faith by General Veloso and Diogo Cavaco in 2006.

The owners remain highly confident however that while it is likely to take several years for this case to be finally resolved, they will be successful in defending their rights of ownership under Mozambique law.