Williams v Central Bank of Nigeria

Williams v Central Bank of Nigeria

Permission to serve out of jurisdiction is granted only for the 1986 Trust claim as there is a serious issue to be tried and England is the appropriate forum; the 1993 Trust and 2009 Agreement claims do not meet the threshold for arguable case or serious issue to be tried.

Parties
Claimant/respondent: Louis Emovbira Williams; Defendant/applicant: Central Bank of Nigeria
Jurisdiction
England and Wales
Judgment Date
08 April 2011
Procedural Posture
Jurisdiction Challenge and Application to Amend Claim / Ruling on Permission to Serve Out of Jurisdiction and Amendment
Outcome
Permission to serve out of jurisdiction granted for 1986 Trust claim; refused for 1993 Trust and 2009 Agreement claims.
Legal Topics
Jurisdiction, Constructive Trust, Dishonest Assistance, Limitation Periods, Express Trust, Breach of Contract, Forum Conveniens
Civil Procedure Trusts and Equity Contract Law Jurisdiction Constructive Trust Dishonest Assistance Limitation Periods Express Trust +2 more

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Parties

Louis Emovbira Williams

Claimant/respondent

Central Bank of Nigeria

Defendant/applicant

Procedural Posture

Jurisdiction Challenge and Application to Amend Claim / Ruling on Permission to Serve Out of Jurisdiction and Amendment

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Central Bank of Nigeria for claims arising from alleged fraudulent breach of trust, express trust, and breach of contract
  2. 2 Whether the claims are time-barred under the Limitation Act 1980
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

Permission to serve out of jurisdiction is granted only for the 1986 Trust claim as there is a serious issue to be tried and England is the appropriate forum; the 1993 Trust and 2009 Agreement claims do not meet the threshold for arguable case or serious issue to be tried.

Court Disposition

Permission to serve out of jurisdiction granted for 1986 Trust claim; refused for 1993 Trust and 2009 Agreement claims.

Orders

  • Permission to serve out of jurisdiction granted for 1986 Trust claim.
  • Permission to amend claim form and particulars of claim refused for 1993 Trust and 2009 Agreement claims.