Moses-Taiga v Taiga

Moses-Taiga v Taiga

The court has jurisdiction under section 22 of the Matrimonial Causes Act 1973 to order maintenance pending suit, including legal costs, even where the existence of the marriage and/or jurisdiction is challenged. Such orders are discretionary and cease if the court ultimately finds it lacks jurisdiction. The appeal against the maintenance pending suit orders is dismissed.

Parties
Claimant/respondent: Nneka Mercy Moses-Taiga; Defendant/appellant: Moses Oghenerume Taiga
Jurisdiction
England and Wales
Judgment Date
05 July 2005
Procedural Posture
Divorce and Ancillary Relief / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction in Divorce Proceedings, Forum Conveniens, Legal Costs in Family Proceedings
Family Law Maintenance Pending Suit Jurisdiction in Divorce Proceedings Forum Conveniens Legal Costs in Family Proceedings

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Parties

Nneka Mercy Moses-Taiga

Claimant/respondent

Moses Oghenerume Taiga

Defendant/appellant

Procedural Posture

Divorce and Ancillary Relief / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to order maintenance pending suit under section 22 of the Matrimonial Causes Act 1973 when the existence of the marriage and/or jurisdiction is challenged
  2. 2 Whether legal costs can be included in maintenance pending suit
  3. 3 Whether public policy precludes maintenance pending suit where marriage is denied

Ratio Decidendi

The court has jurisdiction under section 22 of the Matrimonial Causes Act 1973 to order maintenance pending suit, including legal costs, even where the existence of the marriage and/or jurisdiction is challenged. Such orders are discretionary and cease if the court ultimately finds it lacks jurisdiction. The appeal against the maintenance pending suit orders is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary assessment of the successful respondent's costs in the sum of £10,840.55