Seiwa v Sankofa

The orders for costs against the appellant were set aside due to lack of reasoning and failure to investigate means. The findings of contempt were set aside as unsafe because the judge failed to properly compare the respondent's oral evidence with her inconsistent diary entries, undermining the reliability of the findings to the criminal standard required.

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 County Court Orders
Outcome: Appeals allowed
Legal Topics: Injunctions, Committal for Contempt, Costs Orders, Contact Arrangements

Family Law Civil Procedure Injunctions Committal for Contempt Costs Orders Contact Arrangements

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Thelma Seiwa

Claimant/respondent

Ayi Kwei Sankofa

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Orders

Legal Issues

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

Ratio Decidendi

Court Disposition

Appeals allowed

Orders

Findings of contempt of court made by Judge Welchman on 6 September 2004 are set aside.
Order that the appellant pay 20% of the respondent's costs of committal proceedings is set aside.