While the Industrial Promotion Fund (FPI), which has been driven by one of its insolvent debtors and seeks to regain its rights, Congolese justice organizes, with suspicions pecuniary pecuniary, to protect operators economists who want to avoid their obligations. By this act, the Congolese State, through the FPI, is doubly victimized.
The Tribunal de Grande Instance de la Gombe rendered an expeditious judgment which made the scandal of the high magistrates of the Republic and other auxiliaries of justice shout.
« By this judgment in favor of the Group K.M Oil SPRL, insolvent debtor of the Fund for the Promotion of Industry (FPI), the judges thus sacrificed, without qualms, the interests of the Congolese State. They are more dangerous and worse than those of the Constitutional Court whose corruption you are describing today, « said the senior magistrate disgusted by this ill-judged voluntary because obviously of a bribe quoted by Scooprdc.net.
In correspondence addressed to the President of the Republic on July 1, the IPA’s counsel, Mr. Carlos Ngwapitshi Ngwamashi, requested his personal involvement as guarantor of the Nation and the proper functioning of its institutions, use all its prerogatives so that, not only the FPI returns in his rights, but also that exemplary sanctions are inflicted with these rogue judges who awkwardly protect the interests of the foreigners to the detriment of those of the Congolese State.
This is indeed the trio Bakenga-Kanyama-Tshiswaka who, at the latest news, were banned from performance and disciplinary action was opened against each of them. And the Court of Cassation closely follows this case which is on appeal.
Indeed, the judges of the TGI / Gombe untied Group KM Oil SPRL of its debt contracted with the REIT in 2009 in the order of 597 468 000 CDF, or 663 853,33USD at the time at the rate of 900 CDF the dollar . Reason for this untying: Group K.M Oil SPRL had been scampered this sum of money by his partner in charge of providing him with the building materials of a mineral and natural water exploitation plant. History to sleep up and to make birds laugh when we follow its course!
From the origin of the case
On December 23, 2009, the KM Oil Group SPRL signed a loan agreement with the REIT of USD 663,853.33 for the acquisition of production equipment and the working capital requirements of a mineral water production unit. and natural. This contract is registered under number 646 and as a guarantee, Group K.M Oil SPRL mortgages its concession comprising three parcels located in the municipality of Mont-Ngafula (Kinshasa). The loan is repayable in four years, including one year of total grace.
In November 2011, Group KM Oil SPRL went alone to the Kinshasa-Gombe Peace Tribunal to complain about the fraud committed by a certain Gabriel Dian Bossisse, commercial director of GiGZEN SPA, responsible for providing him with the construction materials for this mineral and natural water exploitation plant. They obtain a judgment in their favor condemning by default the alleged scammer to pay him $ 1.2 million for all damages.
But what makes laughing in this judgment made on November 25, 2011 and makes believe a montage to no longer repay the loan of the REIT, is the statement of the complainant: « expected that as of April 11, 2011, the quoting will enter into a material supply agreement with Mr. Gabriel Dian Bossisse …, in his capacity as commercial director of Gigzen SPA, and in that capacity he was awarded the amount of US $ 527,000. Curiously and against all odds, five months later, the citer will find that not only the city used a false quality but also and especially the company he was allegedly commercial director was nonexistent.
This statement, which gives rise to genuine doubt, raises several questions: how can a transaction of such a sum be made without going through the bank for a serious business? How can we conclude a market of more than half a million USD with a company whose existence we discover the non-existence only after five months? Does Group K.M Oil want to make it appear that Gigzen SPA did not have premises and that the transaction took place in the street or in a drinking establishment?
Expeditious judgment against the State!
In 2019, nearly ten years, while the REIT is still waiting for the repayment of its loan and interest, it is curiously sued by Group KM Oil SPRL on June 17 before the Court of First Instance of Kinshasa -Gombe. And the same day, the president of this court signs an abbreviative order to set the hearing to June 19, just one day apart. Which expedition and urgency? Suspicion of corruption because everything will have to be done quickly.
But only, to read this assignment, some contradictions strike the eyes: the alleged crook presented to the Tripaix of Kinshasa-Gombe under the name of Gabriel Dian Bossisse, is called Gabriel Diomande Siaba Bossisse before the TGI of Kinshasa-Gombe. Also, the company Gigzen SPA whose address had been ignored and allegedly non-existent before the Tripaix, curiously has a known address in front of the TGI: 220, Chaussée de Wavre, Etterbbek in Belgium. Is !
The hearing is held on June 19 and the same day the court takes the matter under advisement to render the judgment on June 28 in favor of Group KM Oil SARL despite the relevant comments of the lawyers of the FPI who have demonstrated that this famous and alleged scam has nothing to do with the loan contracted more than a year before.
For the three aforementioned judges, there was force majeure that did not allow Group KM Oil SARL to fulfill its obligations to the REIT for this scam and they released it from any obligation vis-à-vis the latter. In other words, Group K.M Oil SARL, this Chinese company owes nothing to the FPI.
This judgment will be decried by this public institution fearing that these three judges of the TGI Kinshasa-Gombe create case law that would open the path of insolvency to all promoters who have benefited from the REIT’s loans.
The Group K.M Oil Ltd. mortgaged its Mont-Ngafula concession, analysts say, and the Tribunal only had to decide to sell the pledge to allow the REIT to recover its money. Also, Group K.M does not show any sign of bankruptcy but against all its service stations across the city of Kinshasa work perfectly. All the more reason for her to do it.
ScoopRdc / Zoom Eco