Seiwa v Sankofa [2005] EWCA Civ 752 (26 April 2005)

Seiwa v Sankofa [2005] EWCA Civ 752 (26 April 2005)

The orders for costs and findings of contempt were set aside because the lower court failed to provide adequate reasoning, did not investigate the appellant's means, and relied on evidence (diaries) that was inconsistent and undermined the respondent's credibility, making the findings unsafe to the criminal standard required.

Citation
[2005] EWCA Civ 752
Parties
Claimant/respondent: Thelma Seiwa; Defendant/appellant: Ayi Kwei Sankofa
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Civil Appeal / Appeal From Lambeth County Court Orders (costs and Committal)
Outcome
Appeals allowed
Legal Topics
Injunctions, Committal for Contempt, Costs Orders, Standard of Proof, Harassment
Family Law Civil Procedure Injunctions Committal for Contempt Costs Orders Standard of Proof Harassment

Case Brief

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Parties

Thelma Seiwa

Claimant/respondent

Ayi Kwei Sankofa

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Lambeth County Court Orders (costs and Committal)

Legal Issues

  1. 1 Whether the order for costs against the appellant was justified and properly reasoned
  2. 2 Whether the findings of contempt of court against the appellant were safe given the evidence and standard of proof

Ratio Decidendi

The orders for costs and findings of contempt were set aside because the lower court failed to provide adequate reasoning, did not investigate the appellant's means, and relied on evidence (diaries) that was inconsistent and undermined the respondent's credibility, making the findings unsafe to the criminal standard required.

Court Disposition

Appeals allowed

Orders

  • Order for costs made by Judge Cox on 15 August 2003 set aside and quashed
  • Findings of contempt of court made by Judge Welchman on 6 September 2004 set aside