Williams v Federal Government of Nigeria & Anor [2023] EWHC 3282 (Comm) (19 December 2023)

Williams v Federal Government of Nigeria & Anor [2023] EWHC 3282 (Comm) (19 December 2023)

The Federal Government of Nigeria agreed to accept service at the Nigerian High Commission in London under section 12(6) of the State Immunity Act 1978, so service was valid. The claim arises from a commercial transaction and falls within the exception to state immunity under section 3(1)(a) of the Act. There is no substantive defence on the merits. The application to set aside the default judgment is dismissed.

Citation
[2023] EWHC 3282 (Comm)
Parties
Claimant: Louis Emovbira Williams; First Defendant: Federal Government of Nigeria; Second Defendant: Attorney General of the Federal Government of Nigeria
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Commercial Court Claim / Application to Set Aside Default Judgment and Cross Application to Dismiss Set Aside Application
Outcome
Defendants' application to set aside default judgment dismissed; Claimant's cross-application dismissed.
Legal Topics
Default Judgment, Service of Process, State Immunity Act 1978, Commercial Transactions Exception, Jurisdiction, Abuse of Process
Civil Procedure International Law State Immunity Default Judgment Service of Process State Immunity Act 1978 Commercial Transactions Exception Jurisdiction +1 more

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Parties

Louis Emovbira Williams

Claimant

Federal Government of Nigeria

First Defendant

Attorney General of the Federal Government of Nigeria

Second Defendant

Procedural Posture

Commercial Court Claim / Application to Set Aside Default Judgment and Cross Application to Dismiss Set Aside Application

Legal Issues

  1. 1 Whether the default judgment against the Federal Government of Nigeria should be set aside for improper service or state immunity
  2. 2 Whether there was an agreement under section 12(6) of the State Immunity Act 1978 for service at the Nigerian High Commission in London
  3. 3 Whether the Federal Government of Nigeria is immune from the jurisdiction of the English courts under the State Immunity Act 1978

Ratio Decidendi

The Federal Government of Nigeria agreed to accept service at the Nigerian High Commission in London under section 12(6) of the State Immunity Act 1978, so service was valid. The claim arises from a commercial transaction and falls within the exception to state immunity under section 3(1)(a) of the Act. There is no substantive defence on the merits. The application to set aside the default judgment is dismissed.

Court Disposition

Defendants' application to set aside default judgment dismissed; Claimant's cross-application dismissed.

Orders

  • Defendants' application to set aside default judgment is dismissed.
  • Claimant's cross-application is dismissed.