Edward v Okeke & Ors
The claims, being primarily for unliquidated damages (psychiatric injury, defamation, harassment, reputational harm), are not for specified sums but for amounts to be decided by the court. Default judgment is granted for damages to be assessed, not for the specified sum of £100,000. In the Okeke case, an interim payment of £15,000 is allowed for specified financial losses. The court will not direct a hearing on notice to the defendants at this stage, as the rules require the request for default judgment to be actioned administratively where requirements are met.
- Parties
- Claimant: Edward; Defendant: Chinzano Okeke; Defendant: Larry N Olisa; Defendant: Valentine Mbanalu; Defendant: Valentine Akosa; Defendant: Emodi
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Civil / Judgment on Default Judgment Applications
- Outcome
- Default judgment for damages to be assessed; interim payment in Okeke case; costs to claimant; permission to appeal granted.
- Legal Topics
- Default Judgment, Service Out of Jurisdiction, Damages Assessment, Defamation, Harassment, Breach of Confidence, Data Protection
Case Brief
Summary, issues, holding and outcome
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Parties
Edward
Claimant
Chinzano Okeke
Defendant
Larry N Olisa
Defendant
Valentine Mbanalu
Defendant
Valentine Akosa
Defendant
Emodi
Defendant
Procedural Posture
Civil / Judgment on Default Judgment Applications
Legal Issues
- 1 Whether the claimant is entitled to default judgment for specified sums against defendants served out of jurisdiction who have not responded
- 2 Whether the claims are for specified sums or for damages to be assessed by the court
- 3 Whether the court should direct a hearing on notice to the defendants before entering default judgment
Ratio Decidendi
The claims, being primarily for unliquidated damages (psychiatric injury, defamation, harassment, reputational harm), are not for specified sums but for amounts to be decided by the court. Default judgment is granted for damages to be assessed, not for the specified sum of £100,000. In the Okeke case, an interim payment of £15,000 is allowed for specified financial losses. The court will not direct a hearing on notice to the defendants at this stage, as the rules require the request for default judgment to be actioned administratively where requirements are met.
Court Disposition
Default judgment for damages to be assessed; interim payment in Okeke case; costs to claimant; permission to appeal granted.
Orders
- Default judgment for damages to be assessed against each defendant.
- Interim payment of £15,000 in Okeke case.
Full Case Text
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