Moses-Taiga v Taiga [2005] EWCA Civ 1013 (05 July 2005)

Moses-Taiga v Taiga [2005] EWCA Civ 1013 (05 July 2005)

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 or the court's jurisdiction is challenged; such orders are subject to the court's discretion and cease if jurisdiction is ultimately denied.

Citation
[2005] EWCA Civ 1013
Parties
Claimant/respondent: Nneka Mercy Moses-Taiga; Defendant/appellant: Moses Oghenerume Taiga
Jurisdiction
England and Wales
Judgment Date
05 July 2005
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction in Divorce, Forum Conveniens, Ancillary Relief, Legal Costs in Family Proceedings
Family Law Civil Procedure Maintenance Pending Suit Jurisdiction in Divorce Forum Conveniens Ancillary Relief Legal Costs in Family Proceedings

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Parties

Nneka Mercy Moses-Taiga

Claimant/respondent

Moses Oghenerume Taiga

Defendant/appellant

Procedural Posture

Family Law Appeal / 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 jurisdiction or validity of marriage 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 or the court's jurisdiction is challenged; such orders are subject to the court's discretion and cease if jurisdiction is ultimately denied.

Court Disposition

Appeal dismissed

Orders

  • Appeal against maintenance pending suit orders dismissed
  • Summary assessment of respondent's costs in the sum of £10,840.55