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
- CACV43/2009
The Court held that the Court of Appeal's judgment of 10 February 2010 constituted a final judgment for the purposes of s.22(1)(a) because a declaration that a State enjoys immunity from suit effectively disposes of the private party's substantive right to have the merits determined; accordingly the defendants had an appeal as of right. Alternatively, and in any event, leave was granted under s.22(1)(b) because the questions raised are of great general or public importance; conditions and orders as to security and costs were imposed.