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 claim because the acts complained of were governed by international instruments not incorporated into English law, the Trusteeship Agreement did not create enforceable rights in domestic law, the acts were acts of state or foreign act of state, the UN and Cameroon have immunity, and there is no domestic cause of action. The claim is not justiciable.

Citation
[2018] EWHC 2955 (QB)
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 / Application to Strike Out Claim for Want of Jurisdiction
Outcome
Claim struck out for want of jurisdiction
Legal Topics
State Immunity, Act of State Doctrine, Jurisdiction of English Courts, Trusteeship Agreements, Decolonisation, UN Immunity
Public International Law Constitutional Law Human Rights Law State Immunity Act of State Doctrine Jurisdiction of English Courts Trusteeship Agreements Decolonisation +1 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 / Application to Strike Out Claim for Want of Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear claims arising from the termination of the British Southern Cameroons Trusteeship Agreement and subsequent transfer to Cameroon
  2. 2 Whether the acts complained of are justiciable in English law
  3. 3 Whether the United Kingdom or Cameroon can be sued in English courts for alleged breaches of international law or trust arising from decolonisation

Ratio Decidendi

The High Court has no jurisdiction to hear the claim because the acts complained of were governed by international instruments not incorporated into English law, the Trusteeship Agreement did not create enforceable rights in domestic law, the acts were acts of state or foreign act of state, the UN and Cameroon have immunity, and there is no domestic cause of action. The claim is not justiciable.

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