By Grace Q. Bryant
The Debt Court for Montserrado County on Tuesday, June 20 arrested the Chief Executive Officer (CEO), Chetan Sarant of the controversial Western Cluster, an iron ore company operating in Bomi County.
The court also closed the Monrovia offices of the company on Tuesday.
The decision was reached after Western Cluster’s subcontracted the Ghana Company, Citadel Mining Services and construction (second defendant) failed to settle its indebtedness to Hans Armstrong, a British national of Horizon construction and transport company, in the tone of US$378000.
The court also ordered the arrest of the Managing Director of Citadel Mining, Nana Osei-Boadi who after hearing of the arrest of Sarant and the subsequent closure of Western Cluster’s Monrovia offices, could not be located by the court officers, who is currently in search of his whereabouts.
Judge James Jones further ordered, “you are commanded to attach and take possession and custody of all identifiable properties and or assets of Western Cluster Ist defendant and Citadel Mining in the above entitled cause of action including monies, vehicles equipment and any other assets situated and lying in the Republic of Liberia, to the total value of US$500,000, same being over the amount sued for.”
It continues,” you are hereby further orders to arrest the living body of the defendants and keep him or her in custody should he or she falls to show properties to cover the amount due the plaintiff (Armstrong) and have the said defendants safe kept in the common jail, until he or she have complied with the term and condition of this writ of attachment. “
Citadel Mining and Armstrong in July 1, 2022 entered and executed equipment lease agreement where Citadel transfered Armstrong’s Hitachi 850 machine to Western Cluster’s concession site in Bomi County with the consent and knowledge of Western Cluster management including Sarant
Citadel was expected to make a hourly payment of US$175 which amount to US$84,000 a month, but since August of 2022 up to and including May 31, neither Citadel Mining nor Western Cluster has made any attempt to pay a dime on the agreement, according to the action of debt by attachment lawsuit filed against the duo company.
It is against this backdrop that Armstrong is claiming the amount of US$378,000 from August 2022 to May 2023, the period the machine has been in the possession and working on the Western Cluster mining operation in Bomi County.
Further to the suit, Armstrong claimed that the equipment lease agreement called for Citadel Mining to demobilize the Hitachi 850 heavy machine and transport to its mining operation site in Bomi County, but the equipment is still in it possession at the joint mining site with Western Cluster iron ore concession in Bomi County, up to and including the time of the filing of the complaint.
It also claimed that Western Cluster is the principal that hires or subcontractor Citadel Mining which secured and or executed equipment lease agreement with Armstrong,
“Under the doctrine of respondent superior where the principal is held liable for the indebtedness of the agent Citadel Mining, it is imperative that western Cluster be held liable, “the suit further argued.
Armstrong equipment is now operating in Western Cluster mining site in Bomi County.
According to the suit, Armstrong wants the writ of subpeona duces tecum to be issued on Western Cluster to produce the existing agreement executed between them and Citadel Mining, so as to show organic link between the two companies and the rationale that led to Western Cluster inclusion to the matter.
Armstrong in his complaint claimed that his company and Citadel Mining Services on July 1, 2022 enteted and executed equipment lease agreement to have citadel mining to rent his Hitachi 850 machine for its operation on the Western Cluster iron ore site, in Bomi County.
