Lysongo v The Foreign And Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

Lysongo v The Foreign And Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

The High Court has no jurisdiction to hear the claimant's case because the acts complained of were governed by international instruments not incorporated into English law, were acts of state or foreign act of state, and are not justiciable. The Trusteeship Agreement and UN Charter do not create enforceable rights in English law. The Republic of Cameroon is immune from suit under the State Immunity Act 1978. The claim discloses no domestic cause of action.

Citation
[2018] EWHC 2955
Parties
Claimant: Makweley Lysongo; First Defendant: The Foreign and Commonwealth Office; Second Defendant: The Government of La Republique du Cameroun
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Civil / Strike Out Application
Outcome
Claim struck out for want of jurisdiction.
Legal Topics
State Immunity, Act of State Doctrine, Jurisdiction, Trusteeship, Decolonisation, UN Charter, British Southern Cameroons
Public International Law Constitutional Law Human Rights Law State Immunity Act of State Doctrine Jurisdiction Trusteeship Decolonisation +2 more

Case Brief

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Parties

Makweley Lysongo

Claimant

The Foreign and Commonwealth Office

First Defendant

The Government of La Republique du Cameroun

Second Defendant

Procedural Posture

Civil / Strike Out Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear claims arising from the termination of the Trusteeship Agreement over British Southern Cameroons
  2. 2 Whether the acts of the United Kingdom and United Nations in relation to the Trusteeship and transfer of territory are justiciable in English law
  3. 3 Whether the Republic of Cameroon is immune from suit under the State Immunity Act 1978

Ratio Decidendi

The High Court has no jurisdiction to hear the claimant's case because the acts complained of were governed by international instruments not incorporated into English law, were acts of state or foreign act of state, and are not justiciable. The Trusteeship Agreement and UN Charter do not create enforceable rights in English law. The Republic of Cameroon is immune from suit under the State Immunity Act 1978. The claim discloses no domestic cause of action.

Court Disposition

Claim struck out for want of jurisdiction.

Orders

  • Claim struck out under CPR 3.4(2)(a) and CPR 11
  • Court to hear parties on consequential orders