Tessy Dingba v David Chinedu Dingba
None of the applicant's allegations of molestation were proved on the balance of probabilities. The applicant's evidence was found to be untruthful and uncorroborated, and there were significant breaches of the duty of full and frank disclosure on the ex parte application. The non-molestation order was discharged on the facts and would have been discharged in any event due to disclosure breaches.
- Parties
- Applicant: Tessy Dingba; Respondent: David Chinedu Dingba
- Jurisdiction
- England and Wales
- Judgment Date
- 03 November 2026
- Procedural Posture
- Family / Final Hearing of Application for Non Molestation Order
- Outcome
- Application dismissed; non-molestation order discharged.
- Legal Topics
- Non Molestation Order, Domestic Violence, Ex Parte Applications, Disclosure Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Tessy Dingba
Applicant
David Chinedu Dingba
Respondent
Procedural Posture
Family / Final Hearing of Application for Non Molestation Order
Legal Issues
- 1 Whether the applicant has proved allegations of molestation justifying a final non-molestation order
- 2 Whether the applicant breached her duty of full and frank disclosure on the ex parte application
Ratio Decidendi
None of the applicant's allegations of molestation were proved on the balance of probabilities. The applicant's evidence was found to be untruthful and uncorroborated, and there were significant breaches of the duty of full and frank disclosure on the ex parte application. The non-molestation order was discharged on the facts and would have been discharged in any event due to disclosure breaches.
Court Disposition
Application dismissed; non-molestation order discharged.
Orders
- The non-molestation order made on 7 November 2024 is discharged.
Full Case Text
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