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Mbasogo V. Logo Notes

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MBASOGO V. LOGO FACTS In 2005 the African state of Equatorial Guinea had a population of only 521,000, but it was (and is) rich in oil and gas. Its capital, Malabo, is situated on the island of Bioko, which lies off the coast of Cameroon, approximately 160 kilometres from the mainland coast of Equatorial Guinea. The first claimant is the President of the Republic of Equatorial Guinea. The appeal arises out of an alleged conspiracy by the defendants to overthrow the government by means of a private coup, to seize control of the state and its valuable assets, to kill or injure the first claimant and to install the sixth defendant, who is an Equato-Guinean living in Spain, as the new President. The particulars of claim allege that the conspiracy took place between March 2003 and March 2004 in England and elsewhere. It is alleged that the attack was to comprise an assault force of some 70 experienced former special forces soldiers who had served in South Africa. Further, an advanced group of 20, including experienced former South African special forces soldiers, had gone to Malabo to gain intelligence and to prepare and participate in the attack (see para 8 of the re-amended particulars of claim). The consequences of the attempted coup are fundamental to the allegations made in the amended particulars of claim. It is alleged that the first claimant was caused great apprehension and fear, particularly for his own and his family's safety. He believed that both he and his family were likely to be injured or killed in the course of the attack. Moreover, it is alleged that the defendants' actions caused what is described as "mayhem" within the republic. It is alleged that the country is dependent on assistance from abroad to help it to develop its natural resources and infrastructure. Reports of the failed coup resulted, so it is contended, in a serious brake being put on such assistance, with a consequential serious impact on the country's infrastructure. QUESTION Are the claims justiciable or should the court decline to entertain them because they amount to an exercise of sovereign power by Equatorial Guinea within the jurisdiction of the English courts?
HOLDING Emperor of Austria v. Day and Kossuth (1861) 3 De GF & J 217 The defendants had printed banknotes in London. Louis Kossuth intended to introduce the notes into Hungary after he had overthrown the Emperor of Austria by revolution. The Emperor

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