HARNEYS British Virgin Islands lawyers Hamcy Westwood Riegcls Craigmuir Chambers PO Box Road Town Tortola, British Virgin Islands Tel: +1 284 494 2233 Fax: 284 494 3547 6 June 2005 Your Ref Our Ref 03 EH BY HAND Doc ID 699883_l Heamville Estates Ltd. c/o Mossack Fonseca Co (BVI) Ltd. Akara Building, 24 DeCaslro Sti'eet Box 3136 Road Town, Tortola British Virgin Islands Dear Sirs Republic of Zambia v. Meer (liare Desai and Others (Action No. HC04C03129) We continue to act as agentsi in the BVI for Howrcy Simon Arnold White, solicitors for the Claimant. We enclose by way if personal service upon you the following documents: 1. Re-Amendcd Claim Forim; 2. Amended Particulars ollClaim; 3. Order dated 20 May 20?5. We should be grateful if you wiiuld acknowledge receipt by signing and returning the enclosed copy of this letter. Yours faithfully HARNEY WESTWOOD RIJEGELS azelann Hannaway Enel. dap A list of partners is available [or Inspection at our of?ces. British Virgin Islands Anguilla London liong Kong Cg; CLAIM N0 IN THE HIGH COURF OF JUSTICE CHANCERY DIVISI ma minke SM (TH z- 5 THE ATTORNEY GENERAL OF ZAMBIA FOR AND And 00, ?x MEER CARE DESAI (a firm) - ??sk AND OTHERS 7 MAY 2005 Defendan ORDER UPON hearing Counsel for the Claimant and Counsel for the Sixteenth and Eighteenth to Twentieth Defendants AND upon the undertaking of Mr Roland Cracco, the Nineteenth Defendant, not to sell or in any other way disposeiof or deal with or charge or otherwise intentionally diminish the value of the shares in Jarlban SA held by him AND upon the undertaking of Mr Robert Standacrt, the Twentieth Defendant, by his counsel not to sell or in any other way di3pose of or deal with or charge or otherwise intentionally diminish th? value of the shares in Jarban SA held by him AND upon the undertaking by Mr Roland Cracco to remit, within 14 days of the noti?cation to Messrs Mackrell Turner Garett of the account details, the monies DHTED: 10m Mm i i currently standing to the ciedit of the account number 35-77-60~73-53-l held in his name i at Banque Generale du Luxembourg (together with any interest which may accrue thereon) to such account as the Claimant shall, by its solicitors, provide to Messrs I Mackrell Turner Garett thi details in writing (?the account details?) and upon Mr Roland Cracco acknowledging the said remission by him of the said monies is without prejudice to the position himself and the Claimant in relation to the validity of the transfer of shares in Jarb to him pursuant to the Share Transfer Agreement dated 29 September 2003. i AND UPON the Claimeint undertaking that if the Court later ?nds that the above Undertakings by the Nirieteenth and Twentieth Defendants have caused loss to the Nineteenth and Twentieti i Defendants and decides that the Nineteenth and Twentieth Defendants should be coinpensated for that loss, the Claimant will comply with any I Order the Court may i IT IS ORDERED that: - i l. The Claimant hawi permission to join Mr Roland Cracco and Mr Robert Standaert as Ninteenth and 'lilwentieth Defendants to this action. i i i i 2. The Claimant hav+ permission to re-re-amend the Claim Form and to amend the Particulars of Claiin herein substantially in the form attached to this Order. I 3. The Claimant do% serve the Re-Re-Amended Claim Form and the Amended I Particulars of ClTim upon Messrs Turner Garett on behalf of the Sixteenth, and Eighteenth to Twentieth Defendants on or before 4pm on 27 May 2005. i i i 4. There be a speedy; trial of the preliminary issue as to whether or not the transfer of I . shares in Jarban by Mr Kabwe to Mr Cracco pursuant to the Share Transfer 1 Agreement dated 29 September 2003 and the transfer by Mr Cracco to Mr Standaert of 50% of the shares in Jarban pursuant to or evidenced by the written - agreement between them dated 3 October 2003 was valid and effective and/or is capable of beingI set aside or otherwise challenged by the Claimant. It is recorded that the; Claimant, by its Counsel, acknowledges that the determination of the preliminary issue herein will determine all claims by the Claimant against the Sixteenth and Eighteenth to Twentieth Defendant as will be pleaded by the Amended Particrllars of Claim for which permission has been granted pursuant to paragraph 3 abovie. I 5. The Sixteenth Eighteenth to Twentieth Defendants do ?le and Serve a defence on or before 4pm on 10 June 2005 10. ll. 12. i i The Claimant do tile and serve, if so advised, a Reply, on or before 4pm on 24 June 2005. Standard disclosurlr: is to be made by July 2005 with inspection 2 days after notice. . i Signed statements of witnesses of fact and hearsay notices where required by rule 33.2 are to be exc 1 Unless otherwise prdered witness statements are to stand as the evidence in chief of the witness at triial. ged not later than 22 July 2005 Signed reports ot'!experts are to be exchanged simultaneously not later than 4pm on 22 July 2005. The meeting of is to be by 29 July 2005. The joint memorandum of the experts is to be iompleted by 5 August 2005. Any short supplemental expert reports to be servid by 8 August 2005. I If the experts reperts cannot be agreed, the parties are to be at liberty to call expert witnesses at the gLia] limited to the experts whose reports have been exchanged pursuant to para i ph ll above. l3. Trial bundles, Skeleton Arguments and Reading Lists to be lodged by not later than 4pm on 10 August 2005. 14. The trial of the plreliminary be listed for hearing with a time estimate of three days from 16 August 2005. 15.. Costs in the issue. IN THE HIGH OF JUSTICE CHANCERY DIV SION MR JUSTICE PETER SMITH 20 MAY 2005 THE ATTORNEY OF ZAMBIA MEER CARE DESAI others i ORDER The Court sent sealed copies of this Order for service to: Claimant's Solicito HOWREY LLP i City Point 1 One Ropemaker et London ECZY 9H8 Ref. HC04C03 129 This Order was sealed by ivliss Parveen Rashid Associate (Tel: 020 7947 6805) to whom all enquiries regarding this Order shoulh be made between the hours 9.00 am - 10.15 am and after 4. l5 pm. When corresponding with the urt please address forms or letters to The Court Manager, Chancery Chambers Thomas More Building yal Courts of Justice Strand London WC2A 2LL (DX 44450 Strand) and quote IL. In thefligh Court of Justice Chancery DiVision The Attorney General of Zambia for and on behalf of The Republic of Zambia? . var, .i "in; l- "lut' Defondant(s) PLEASE SEE SCHEDULE 1 ATTACHED 133?: . Te - - awn-u I I Hun-d Brief details ofclaim me33 SEE SCHEDULE 2 state that the High Couirt of England and Wales has power under the Civil Jurisdiction and Judgment JAct 1982 to hear this claim and that no are pending between the pa Convention territory of an Act." PLEASE SEE EATTACHED i Solicitor?s costs to be assessed Total amount Couxts of Justice, Strand, London WC2A 2LL behave?, IO am and 4 pm @EM.W?mpding?? m?_com? pleat eddies: {mm Mm I I. NI Clam {ohm (rpn pan (In n?n 1- - Sta cm nt ofTruth .. . Full name ?rm. A awe of claimant?s solicitor?s ?rm Signed W) (The Claimant belicives I am duly authorised by the claim+nt (?fab/k. (Claiman t?s solicitor) 'delete as appropriate owrev LLP CityPoint One Ropemaker Street LQndon ECZY 9HS DX DX46620 Barbican Fax 020 7065 6650 - that the facts stated in these particulars of claim are true. to sign this statement ..4 Ar?! w? 1. ?6 ?52?:24 -ot. ~2 I if position or o?ice held _S.o_lici tor (if signing. on behalf of ?rm or company) lfvl, . IN THE HIGH c" URT OF JUSTICE . HC04C03129 CHANCERY DI SION BETWEEN: THE ATTORNEY GENERAL OF ZANIBIA FOR AND ON BEHALF OF THE REPUBLIC OF ZAMBIA Claimant :1 'n - MEER CARE DESAI AND OTHERS Defendants Re?Rg?Amended Schedule! Meer Care Desai (a ?rm) Floor One Great Cumberland Place London Wll?l 2 Cave Malik Co (a ?rm) 4 Churchill Court 58 Station Road North Harrow Middlesex 7SA Dr Frederick .llacob Titus Chiluba No. JZB Scrval Road Lusaka Zambia Xavier Chungu Kabulonga Road Lusaka Zambia 10 l] I 34 ASDL 9 Zambia Atan Shams? nga I81 GreatN Way Hendon Londoan IPP Stella Chiba da Great East Road Lusaka Zambia Aaron Chungm Plot No. 2303K: Twin PaIm R0 tad Ibex Hill Lusaka Bimal Thaker Cave Malik (CO 4 Churchill Could 58 Station Road North Harrow Middlesex HA2 78A Faustin Kabwc Sable Road Kabulonga Lusaka Zambia Irene Kabwe 253 Rbad Scarsdalc New York 10583 USA Francis Kaunda 26D Leopards Hill Roid Lusaka Zambia ]2 13 1.4 15 Antonio Basile Rue 2 1201 Geneva Switzerland rading as Boutique Basile Nebraska Services (a company incolrporated under the laws of the BVI) Trident Chambers Box 146 Road Town Tortola BVI M.I.S.S.L. Associates Limited - (a company incorporated under the laws of the BVI) Trident Chambers Box 146 Road Town Tortola BVI Hearnville Estates (a company incorporated under the laws ofthe BVI) Akara Building 24 de Castro Street Wickams Cay 1 Road Town Tonola Jarban SA Rue Jean Pierre Brass RaphaelSoriano our 2 La. Katebe Katoto a.k.a. Emmanuel Katto) Tomoutsesteenweg 62 0 8200 St?Andries Bm gges Belgium Belsguare Residence Rue deitrpbatesj?? N. V. lQLO?chbeck, Bras-sob Balsam Roland Cracc Ma ere Schorrc? 8300 Knokke- gisj . Belgium Robert Standa Lt SW 9991 Adegem B_e101?' um IN THE HIGH COUR HC04C031 29 CHANCERY BETWEEN HE ATTORNEY GENERAL OF ZAMBIA FOR ON BEHALF OF REPUBLIC OF ZAMBIA Claimant a - ER CARE DESAI AND OTHERS Dcfendau ts Rte-Amended Schedule 2 'l'he Claimant's claim arises out of and/or in rclatiOn to and/or in connection with the frauduleg?t- misapgr?onriation bx of the Claimants? monies durine the Presidency of the Thirg. - Defendant. and the such monies through bank accounts in London including fraudulent dealings on (involving payments of the Claimant's monies to and payments of the Claimant's mqnies out of) the Claimant's US Dollar account number entitled "Zamtrop" and other bank accounts held at the Zambian National Commercial Bank in London at its branch at 7 King Street, London EC4V 8EA during the period about 1995 and 2002 and the concealment of such fraud and the proceeds of such firaud from the Claimant; all ii) the conclusion of sham ageements purportedly made by or on behalf of the Claimant or companies wholl1 owned or controlled by the Claimant for the purpose _of there]; facilitating the ml?mappromiation of the Claimant?s monies under the facadeof such agreements and th concealment of such fraud and the latuidering of the proceeds of fraud throqu bank accounts in London. The Claimant claims: 1. Against all the Defendants (exclum the Nineteenth and Twentieth DcfendanLgJ, damages for conspiracy to defraud and/or injure the Claimant by unlawful means by the oil the Claimant's monies in fraud of the Claimant and in breach of trust and/or in breach of ?duciary duty and/or in breach of equitable and contractual duties of ?delity by the Third to Sixth and ?eventeenth Defendants and/or by making a secret pro?t and/or by the dishonest assistance in such breach of trust and/or of ?duciary duty and/or of equitable and contractual duties of ?delity and/or by the knowing receipt of monies paid in such breach of trust and/or of ?duciary duty and/or of equitable and contractual duties ol ?delity. A declaration that the Third to Sixth an_d Seventeenth Defendants inclusive and each of them are liable to account to the Claimant in respect of all sums misappropriated by them- and each of them and paid away by them or at their direction from the Claimant in fraud of the Claimant and in breach of trust and/or of ?duciary duty and/or of equitable and contractual duties of ?delity, the taking of such an account and an order for payment to the Claimant of all sums found due on taking of the account. A declaration that the Defendants and each of them are liable to account to the Claimant as constructive trustee: on the grounds of dishonest assistance in the misappropriation of the Claimant's monies and in the Third to Sixth and Seventeenth Defendants' breach of trust and/or of ?duciaer duty and/or of equitable and centractua] duties of ?delity and/or on the grounds of receipt of monies misappropriated from the Claimant and paid in such brea of trust and/or of ?duciary duty and/or of equitable and contractile?; duties of ?delity, the taking of such an account and an order that the Defendants pay 10 the Claimant such sums as are found due on the taking of the account. A declaration that the Defendants and each of them holds any payment or pro?t or asset receivod 0r 'acquir by them as a result of or in respect of the dishonest assistance it] the misappropn'a on of the Claimant's monies and/or the Third to Sixth gig; Seventeenth Dcfe ants' breach of trust and/or of ?duciary duty and/or of equitable and contractual duties ?delity and/or in respect of or as a result of the knowing receipt 0 1? monies rnisapprOp ?ated from the Claimant and/or paid in such breach of trust and/or 0 1? ?duciary duty an or of equitable and contractual duties of ?delity on trust for the Claimant and/or su ject to the Claimant's equitable charge and is liable to account to the and an order that they pay such Sums found due on the taking of the account and/or ansfer or deliver up such assets to the Claimant. An order that the airnant is entitled to trace its monies into and claim equitable title to any assets or pr perty representing the proceeds of such monies fraudulently misappropriated it and an order that the Defendants pay to and/or transfer to and/or ,delivcr up such asse or property to the Claimant. .o An account of all 5 ms received by the Defendants and each of them in fraud of the Claimant as resulting or constructive trustees from the Claimant and an order for payment to the Claimant of all sums found due on taking of the account. Exemplary damages. Luther or alternative equitable compensation. All necessary consequential enquiries and/or directions. 10. 1'1. 12. Fm?ther or other Interest pursuant Costs. relief. to section 35A of the Supreme Conn Act 1981 upon all sums found due.