Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors

Permission to appeal is granted to the claimants, conditional upon payment of £200,000 to the defendants by 31 March 2016, as the issues raised regarding fairness and impartiality in the Ethiopian proceedings are arguable, but it would be unjust to allow the appeal to proceed while the claimants remain in default of a court-ordered payment.

Parties
Claimant/appellant: Mulugeta Guadie Mengiste; Defendant/respondent: Endowment Fund for the Rehabilitation of Tigray
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted conditionally
Legal Topics
Stay of Proceedings, Forum Non Conveniens, Recognition and Enforcement of Foreign Judgments, Impartial Tribunal, Costs Orders
Civil Procedure Private International Law Stay of Proceedings Forum Non Conveniens Recognition and Enforcement of Foreign Judgments Impartial Tribunal Costs Orders

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Parties

Mulugeta Guadie Mengiste

Claimant/appellant

Endowment Fund for the Rehabilitation of Tigray

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimants should be granted permission to appeal against the refusal to lift a stay on proceedings in England relating to enforcement of Ethiopian judgments allegedly procured by fraud
  2. 2 Whether the claimants' failure to comply with a costs order should bar permission to appeal
  3. 3 Whether the Ethiopian proceedings were conducted with sufficient fairness and impartiality

Ratio Decidendi

Permission to appeal is granted to the claimants, conditional upon payment of £200,000 to the defendants by 31 March 2016, as the issues raised regarding fairness and impartiality in the Ethiopian proceedings are arguable, but it would be unjust to allow the appeal to proceed while the claimants remain in default of a court-ordered payment.

Court Disposition

Permission to appeal granted conditionally

Orders

  • Permission to appeal granted to the claimants, conditional upon payment of £200,000 to the defendants by 31 March 2016
  • No further extension of time for payment will be granted