Mbasogo & Anor v Logo Ltd & Ors

Mbasogo & Anor v Logo Ltd & Ors

The claims by the Republic of Equatorial Guinea and its president are not justiciable in English courts because they amount to an exercise of sovereign authority, seeking relief for losses incurred in the defence of the state, which is a paradigm function of government. Such claims are not private law claims for property damage but are inherently governmental and fall within the rule that English courts will not enforce foreign public law or prerogative rights. The claims for assault and for damages for distress alone also fail as the pleaded facts do not satisfy the legal requirements for those torts.

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 / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; all claims struck out as non-justiciable
Legal Topics
Justiciability of Foreign Sovereign Claims, Tort of Conspiracy, Intentional Infliction of Harm, Assault, Enforcement of Foreign Public Law, Sovereign Immunity
Conflict of Laws Tort Law International Law Justiciability of Foreign Sovereign Claims Tort of Conspiracy Intentional Infliction of Harm Assault Enforcement of Foreign Public Law +1 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 / Court of Appeal Judgment on Appeal From High Court

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 pleaded facts amount to the tort of assault
  3. 3 Whether damages for distress alone are recoverable for intentional infliction of harm by unlawful means or conspiracy

Ratio Decidendi

The claims by the Republic of Equatorial Guinea and its president are not justiciable in English courts because they amount to an exercise of sovereign authority, seeking relief for losses incurred in the defence of the state, which is a paradigm function of government. Such claims are not private law claims for property damage but are inherently governmental and fall within the rule that English courts will not enforce foreign public law or prerogative rights. The claims for assault and for damages for distress alone also fail as the pleaded facts do not satisfy the legal requirements for those torts.

Court Disposition

Appeal dismissed; all claims struck out as non-justiciable

Orders

  • All claims by the claimants are struck out and not justiciable in English courts.
  • No order as to the ingredients of the tort of conspiracy to injure by unlawful means.