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Carvalho v. Hull, Blyth (Angola) Ltd
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Nationality principle — Contract between plaintiff and defendant company registered in England — Non-payment of moneys due — Plaintiff commencing action in England — Whether English court possessing jurisdiction — Jurisdiction clause in contract — Exclusive jurisdiction conferred on Angolan court — Application of Portuguese law — Proper law of contract — Angola gaining independence since date of contract — New Constitution — District Court of Luanda now applying Angolan law — Article 58 of Constitution enabling change of law — Whether clause 14 of contract still applicable — Discretion of judge — Whether “just and proper” to allow action to proceed
States — Continuity — Angola — Former Portuguese province — Angola becoming sovereign independent State in 1975 — New Constitution — Popular Movement for the Liberation of Angola assuming power — Recognition of Angola by United Kingdom Government — The law of England
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- © Cambridge University Press 2001