Compagnie Noga D'importation Et D'exportation SA v Abacha & Ors

Compagnie Noga D'importation Et D'exportation SA v Abacha & Ors

The order for costs made by Longmore J was not shown to be wrong on the basis of the circumstances at the time it was made, and subsequent trial findings do not justify setting aside an interlocutory costs order. The appeal was therefore dismissed.

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; Interested Party: 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 Applications, Appeals
Civil Procedure Costs Security for Costs Interlocutory Applications Appeals

Case Brief

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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

Defendants

Federal Government of Nigeria

Interested Party

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Costs Order

Legal Issues

  1. 1 Whether the order for costs made by Longmore J on 4 November 1999 should be set aside
  2. 2 Whether the costs of the security for costs application should follow the outcome of the trial or remain payable by Noga in any event
  3. 3 Whether the passage of time and subsequent trial findings affect the interlocutory costs order

Ratio Decidendi

The order for costs made by Longmore J was not shown to be wrong on the basis of the circumstances at the time it was made, and subsequent trial findings do not justify setting aside an interlocutory costs order. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

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