Displaying items by tag: Court
Kenya: A court has authorised an auction of East Africa Portland Cement Company (EAPCC)'s moveable property to proceed, in order to pay former staff. The Nation newspaper has reported that EAPCC owes the employees US$10m in unpaid wages. The court allowed the auction in favour of 60 claimants. It instructed a further 150 claimants to seek redress by other means, due to insufficient available proceeds from the sale.
Savannah Cement to be placed under receivership
16 May 2023Kenya: A court has ruled in favour of Absa Bank Kenya and Kenya Commercial Bank's right to appoint an administrator for Savannah Cement. The banks are seeking to recover US$72.9m owed by the producer. The Star newspaper has reported that a previous court ruling in December 2022 prevented the lenders from appointing an administrator or seizing assets.
Fiji: A court has ordered Pacific Cement, Tengy Cement and haulage contractor RPA Group to pay damages to Fiji Fish Marketing Group for creating a nuisance. The Fiji Times newspaper has reported that the court found that the cement importers emitted dust during the unloading of clinker, which caused Fiji Fish to incur a loss. The damages amounted to US$900,000.
Vulcan Materials to increase compensation claims against the Mexican government from US$1.9bn
05 April 2023Mexico: Vulcan Materials is reportedly preparing to launch new legal action against the government of Mexico. The government supported an alleged illegal entry by Cemex into the company's Punta Venado cement terminal on 14 March 2023. The cement producer is engaged in existing lawsuits against the government for compensation worth a total sum of US$1.9bn. It originally sued the government for US$529m in 2019. Local press has reported that the producer previously filed a subordinate claim to its suit for incursions onto its mining operations in Quintana Roo in mid-2022. The latter supplied limestone to Vulcan Materials' US operations.
Colombia: A criminal court has found former Cemex Colombia vice president Édgar Ramírez Martínez and fellow former director Eugenio Correa Díaz guilty of fraud, according to El Espactador newspaper. The court found that Ramírez Martínez had committed unfair administration, illicit enrichment and falsification of a private document in the process of obtaining land for use as a quarry to supply its Maceo cement plant in Antioquia. It found that Correa Díaz had committed illicit enrichment, money laundering and falsification of a private document while serving as an intermediary in the same process. Ramírez Martínez received a prison sentence of 15 years and one month, while Correa Díaz received a sentence of 20 years.
Cemex Colombia obtained the land in question during the administration of the estate of deceased embezzler José Aldemar Moncada. The court found that it had defrauded the true owners, a local family, in order to include it in Moncada's asset forfeiture prior to sale to Cemex Colombia by Correa Díaz.
Mexico: President Andrés Manuel López Obrador has accused the US government of funding environmentalists' challenges to the government's planned Tren Maya tourist railway project. AP News has reported that López Obrador has declared the project a matter of national security.
Cemex is currently embroiled in a dispute with Vulcan Materials subsidiary Sac-Tun over use of the latter's Punta Venado terminal in Quintana Roo. The terminal sits along the planned route of the Tren Maya line. The Mexican State Prosecutor's Office supported Cemex's re-entry into the terminal on 14 March 2023. The government previously rejected Sac-Tun's application to renew its quarrying licence for its quarry at the site of the terminal.
For more on this story, read our Global Cement Weekly analysis.
Cemex explains right to use Punta Venado terminal
21 March 2023Mexico: Cemex says that it is within its rights to have continued using the Punta Venado terminal in Quintana Roo beyond the expiry of its contract with owner Sac-Tun at the end of 2022. Cemex says that it obtained an injunction to continue using the facilities after it began to have difficulty accessing them in late 2022. It subsequently obtained a contempt of court order against Sac-Tun when it tried to prevent it from accessing the terminal.
The Mexican State Prosecutor's Office supported Cemex's re-entry into the Punta Venado terminal on 14 March 2023.
Mexico: US-based Vulcan Materials has accused Cemex of illegally entering and unloading materials at its Punta Venado terminal in Quintana Roo. Vulcan Materials' subsidiary Sac-Tun operates the terminal, which serves its nearby Playa del Carmen quarry. Sac-Tun previously provided handling and unloading services at the terminal for Cemex, under a contract which expired on 31 December 2022. A local court ruled in favour of Cemex in the dispute over its continued use of the facilities on 5 March 2023. A high court intervened with an injunction in favour of Vulcan Materials on 16 March 2023.
Vulcan Materials now plans to take further legal action, according to Forbes. It is currently engaged in another legal dispute against the Mexican government for the latter's refusal to renew Sac-Tun's licence to operate the Playa del Carmen quarry. The producer is seeking damages of US$78.9m. The government said that the quarry had ceased to operate in line with requirements under its environmental impact licence and local land use plans.
Bolivia/Mexico: Compañía de Inversiones Mercantiles (CIMSA) has signed a settlement agreement with GCC in the parties' dispute over a transaction affecting shares in Sociedad Boliviana de Cemento (SOBOCE). Law360 News has reported that the settlement does not preclude GCC´s option to recover the settlement amount from other third parties, if necessary.
GCC failed to grant CIMSA a right of preference before selling its 47% stake in SOBOCE in 2011. The Inter-American Commercial Arbitration Commission (CIAC) subsequently awarded compensation to CIMSA. Since this time, the matter has passed through courts in both Bolivia and the US.
Canada: A court has fined Lafarge Canada US$145,000 for a dust spill from its Bath, Ontario, cement plant in October 2019 that 'covered' homes, gardens and cars. The court found that the emission 'caused or was likely to cause adverse effects.' The Belleville Intelligencer newspaper has reported that the Canadian Ministry of Environment previously concluded that no harm to health resulted from the incident.
Plant manager Ignacio Arroyo said "Myself and our plant team unreservedly apologise for the upset and concern that our dust release has caused all of you. We intend to make it right and make sure it never happens again."