5 May 2010
FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
- Citation
- FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV373/2008
The Court held the Court of Appeal's judgment on the DRC's immunity from suit was a final judgment within s.22(1)(a) of the Court of Final Appeal Ordinance because a determination of state immunity effectively and finally deprives the private party of its substantive right to have the merits determined; accordingly the defendants had a right of appeal to the Court of Final Appeal. Alternatively, leave was granted under s.22(1)(b) because the questions raised were of great general and public importance. The Court limited the questions for determination and imposed a security condition of $400,…