A multimillion-shilling petroleum investment in Juba has become the centre of a bitter corporate battle after a South Sudanese businessman accused his foreign business partners of sidelining him and taking control of assets belonging to A&B Energy Limited.
At the heart of the dispute is South Sudanese investor John Lual Bang, who claims to own 50 per cent of A&B Energy, a company incorporated in South Sudan in 2018 to conduct business in the petroleum sector
According to company records and court documents seen by this scribe, Bang went into business with four Somali foreign businessmen — Abdirizak Ali, Liban Ali, Gafow Mohamed and Abdalla Osman.
What started as a business partnership would later degenerate into a protracted legal battle over the ownership, control and use of A&B Energy’s assets.
Bang alleges that despite holding half of the company, he was eventually locked out of the business while assets associated with A&B Energy were used to operate another company, TIC SOM General Trading.
From A&B Energy to TIC SOM
Central to Bang’s case is the allegation that operations previously conducted through A&B Energy were shifted to TIC SOM without his consent.
According to the case presented by his lawyers, the change went beyond simply registering another company. Bang alleges that assets, infrastructure and resources belonging to A&B Energy were used to continue the petroleum business under TIC SOM, effectively leaving him without control over an investment in which he claimed a substantial ownership stake.
Court documents reviewed in connection with the dispute also refer to the changing of the name associated with the disputed petrol station from A&B Energy to TIC SOM General Trading.
Bang’s lawyers further alleged that he was prevented from accessing the station while the new entity continued conducting business.
The respondents, however, disputed Bang’s claims.
Their lawyers argued that Bang’s shareholding was in A&B Energy and not TIC SOM General Trading, challenging the legal basis upon which he was attempting to assert rights over the latter company’s operations.
They also raised the issue of the lease for the land on which the petrol station was operating.
According to court documents, A&B Energy’s management had allegedly been informed in June 2022 that the lessors did not intend to renew the company’s agreement.
Battle moves to court
Faced with what he considered an attempt to take control of his investment, Bang sought judicial intervention.
The dispute reached the Kator Court in Juba in 2022, where he sought precautionary orders to protect the assets and prevent continued operations at the disputed station pending resolution of the substantive case.
An initial decision did not completely shut down the station. According to court documents, certain activities within the premises were stopped while the fuel-pump operations were allowed to continue.
Bang appealed.
His lawyers argued that allowing the petrol station to continue operating defeated the purpose of protecting the disputed assets, particularly when the very ownership and use of those assets formed the basis of the lawsuit.
The other side opposed the appeal, arguing that Bang had failed to present sufficient documentary evidence demonstrating the specific harm that justified completely closing the station.
The appellate court ultimately sided with Bang on the question of interim protection.
Documents reviewed for this story show that the court concluded that the dispute involved assets associated with the original company that were allegedly being used in the operations of the company trading under the new name.
The court subsequently ordered business activities at the premises of TIC SOM General Trading to be stopped.
The judgment also addressed the former company’s assets and capital, indicating that they should be dealt with according to the respective interests of the parties.
