Compagnie Noga D'importation Et D'exportation SA v Abacha & Ors [2003] EWCA Civ 1101 (23 July 2003)

Compagnie Noga D'importation Et D'exportation SA v Abacha & Ors [2003] EWCA Civ 1101 (23 July 2003)

The appeal was dismissed because there was no demonstrated error in the exercise of discretion by Longmore J at the time the interlocutory costs order was made, and subsequent trial findings do not justify altering that order.

Citation
[2003] EWCA Civ 1101
Parties
Claimant: Compagnie Noga d'Importation et d'Exportation SA; Defendants: Mrs Maryam Abacha & Mr Mohammed Sani Abacha as the personal representatives of General Sani Abacha deceased (S J Berwin Defendants); Intervener: Federal Government of Nigeria
Jurisdiction
England and Wales
Judgment Date
23 July 2003
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Security for Costs, Interlocutory Orders, Appeals
Civil Procedure Costs Security for Costs Interlocutory Orders Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Compagnie Noga d'Importation et d'Exportation SA

Claimant

Mrs Maryam Abacha & Mr Mohammed Sani Abacha as the personal representatives of General Sani Abacha deceased (S J Berwin Defendants)

Defendants

Federal Government of Nigeria

Intervener

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Costs Order

Legal Issues

  1. 1 Whether the costs order made by Longmore J on 4 November 1999 should be set aside
  2. 2 Whether the judge misunderstood the nature of the undertaking given by Noga regarding security for costs
  3. 3 Whether subsequent trial findings should affect the interlocutory costs order

Ratio Decidendi

The appeal was dismissed because there was no demonstrated error in the exercise of discretion by Longmore J at the time the interlocutory costs order was made, and subsequent trial findings do not justify altering that order.

Court Disposition

Appeal dismissed

Orders

  • The order for costs made by Longmore J on 4 November 1999 stands.