Mbasogo & Anor v Logo Ltd & Ors [2006] EWCA Civ 1370 (23 October 2006)

Mbasogo & Anor v Logo Ltd & Ors [2006] EWCA Civ 1370 (23 October 2006)

The claims by the President and the Republic of Equatorial Guinea were not justiciable in English courts because they sought to recover losses arising from the exercise of sovereign authority in response to an attempted coup, including costs of investigation, prosecution, security, and economic disruption. These losses were not private law property claims but were inherently governmental and could only be suffered by the state in its sovereign capacity. English courts have no jurisdiction to entertain such claims, as they amount to enforcement of foreign public law or acts of state.

Citation
[2006] EWCA Civ 1370
Parties
Claimant/appellant: Teodoro Obiang Nguema Mbasogo; Claimant/appellant: The Republic of Equatorial Guinea; Defendant/respondent: Logo Limited; Defendant/respondent: Systems Design Limited; Defendant/respondent: Greg Wales; Defendant/respondent: Simon Francis Mann; Defendant/respondent: Eli Calil; Defendant/respondent: Severo Moto
Jurisdiction
England and Wales
Judgment Date
23 October 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Justiciability of Foreign Sovereign Claims, Act of State Doctrine, Non Enforcement of Foreign Public Laws, Tort of Conspiracy, Intentional Infliction of Harm, Assault, Sovereign Immunity
Private International Law Tort Law Public International Law Justiciability of Foreign Sovereign Claims Act of State Doctrine Non Enforcement of Foreign Public Laws Tort of Conspiracy Intentional Infliction of Harm +2 more

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Parties

Teodoro Obiang Nguema Mbasogo

Claimant/appellant

The Republic of Equatorial Guinea

Claimant/appellant

Logo Limited

Defendant/respondent

Systems Design Limited

Defendant/respondent

Greg Wales

Defendant/respondent

Simon Francis Mann

Defendant/respondent

Eli Calil

Defendant/respondent

Severo Moto

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claims by a foreign state and its president for losses arising from an attempted coup are justiciable in English courts
  2. 2 Whether the claims amount to enforcement of sovereign authority or public law of a foreign state
  3. 3 Whether the pleaded losses are private law property claims or governmental/public law claims

Ratio Decidendi

The claims by the President and the Republic of Equatorial Guinea were not justiciable in English courts because they sought to recover losses arising from the exercise of sovereign authority in response to an attempted coup, including costs of investigation, prosecution, security, and economic disruption. These losses were not private law property claims but were inherently governmental and could only be suffered by the state in its sovereign capacity. English courts have no jurisdiction to entertain such claims, as they amount to enforcement of foreign public law or acts of state.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • All claims for damages and injunctions by the claimants are struck out as non-justiciable in English courts.