Appah v Monseu
| Jurisdiction | England & Wales |
| Date | 1967 |
| Court | Queen's Bench Division |
Residence - Security for costs - “Ordinarily resident” - Plaintiff resident in England for 10 years - Provisional decision to return to native country at conclusion of case - Intention to return dependent on suitable employment - Whether “ordinarily resident” out of the jurisdiction -
The plaintiff, a native of Ghana, who had been resident in England since 1956, brought an action for breach of promise of marriage against the defendant, a Belgian doctor. The action was tried before a jury and the jury failed to agree. A retrial was ordered. An application was made to postpone the date of the retrial when the plaintiff, who appeared in person, told the court that it was her intention to return to Ghana at the conclusion of the proceedings; it appeared, however, that that intention depended upon whether she could obtain suitable employment there.
On the defendant's application for security for costs of the action, on the ground that the plaintiff was “ordinarily resident” out of the jurisdiction within R.S.C., Ord. 23, r. 1 (1)F1:—
Held, dismissing the application, that a resident who expressed an intention in certain circumstances to leave the country at the conclusion of a case could not on such a provisional decision be said to be “ordinarily resident” out of the jurisdiction.
APPLICATION.
The plaintiff, Mercy Ogoniwa Appah, a native of Ghana resident in England since 1956, brought an action for breach of promise of marriage against the defendant, Guy Monseu, a Belgian doctor. That action was tried before a jury, and the jury were unable to agree on a unanimous verdict. The parties were unwilling to accept a majority verdict, and a retrial was therefore ordered. On April 11, 1967, an application was made to Paull J. to postpone the date of the retrial, when the plaintiff, who appeared in person, stated to the court that it was her intention upon the conclusion of the case to return to Ghana. On April 21 the defendant applied under R.S.C., Ord. 23, r. 1 (1) (a), for an order for security of costs of the action on the ground that the plaintiff was ordinarily resident out of the jurisdiction.
C. W. F. Newman for the applicant.
The plaintiff in person.
The cases cited in argument are referred to in the judgment.
SWANWICK J.: This is an application for security for costs made by the defendant in this action, which is an action for breach of promise of marriage in which the plaintiff, Miss Appah, appears in person.
As I understand the position, this action was tried before a jury and the jury were unable to agree. The question...
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...Lysaght v Commissioners of Inland Revenue [1928] AC 234, Shah v Barnet London Borough Council and other appeals [1983] 1 All ER 226 and Appah v Monseu [1967] 1 WLR 893. In relying on these cases, he held that the respondent's current, normal and habitual residence was outside of the jurisdi......
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...law that a person who intends to emigrate should not be regarded as being resident outside the jurisdiction until he or she does so: See Appah v Monseu [1967] 1 W.L.R. 893. 25 It seems to me, therefore, that the Claimant's current normal residence or habitual residence is outside the juris......
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