Taiga v Ogbedo (Rev 1)
Default costs certificate set aside due to procedural confusion and fairness; Hadkinson order granted as respondent remains in contempt and petitioner needs funds for representation; security for costs ordered as petitioner lacks assets in jurisdiction and enforcement against respondent would be difficult.
- Parties
- Claimant/respondent: Moses Ogherenume Taiga; Defendant/petitioner: Nneka Mercy Ogbedo
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2020
- Procedural Posture
- Family/divorce/civil / Interlocutory Applications and Costs Orders
- Outcome
- Applications granted in part; default costs certificate set aside; Hadkinson order and security for costs granted.
- Legal Topics
- Marriage Validity, Malicious Prosecution, Security for Costs, Hadkinson Order, Costs Assessment, Freezing Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
Moses Ogherenume Taiga
Claimant/respondent
Nneka Mercy Ogbedo
Defendant/petitioner
Procedural Posture
Family/divorce/civil / Interlocutory Applications and Costs Orders
Legal Issues
- 1 Whether default costs certificate should be set aside
- 2 Whether Hadkinson order should be granted
- 3 Whether security for costs should be ordered
Ratio Decidendi
Default costs certificate set aside due to procedural confusion and fairness; Hadkinson order granted as respondent remains in contempt and petitioner needs funds for representation; security for costs ordered as petitioner lacks assets in jurisdiction and enforcement against respondent would be difficult.
Court Disposition
Applications granted in part; default costs certificate set aside; Hadkinson order and security for costs granted.
Orders
- Default costs certificate set aside; petitioner to serve points of dispute within six weeks; no further steps towards assessment until further order.
- Respondent to pay £14,771.40 within 21 days or claim will not proceed (Hadkinson order).
Full Case Text
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