Joseph v.Office of the Consulate General of Nigeria(U.S.Court of Appeals 1987) In 1978,Catherine Jos
Joseph v.Office of the Consulate General of Nigeria(U.S.Court of Appeals 1987) In 1978,Catherine Joseph(“Joseph”)leased a house in San Francisco to the Consulate General of Nigeria(the“Consulate”).0.Effion9,a former consular officer,signed the standard form lease on behalf of the Consulate.The house was used as a residence by employees of the Consulate and their families. Shortly after the end of the five year lease period,Joseph allegedly discovered that the tenants had removed property from the house and had left the premise severely damaged,Joseph brought suit in federal district court,seeking,inter alia,compensation for damages to fixtures,landscaping,and appliances. Joseph asserts four causes of action against both Nigeria and the Consulate.The first is for breach of contract; the other three are tort claims for conversion,trespass,and waste.The Consulate lodged its objection to the suit in accordance with“sovereign immunity”.On August 12,1986,the court issued the opinion and order. The court determined that it had jurisdiction over Nigeria and the Consulate pursuant to the Foreign Sovereign Immunities Act(“FSIA”).Specifically,the court found jurisdiction over Joseph's tort claim under the FSIA's “tortuous activity” exception to immunity…
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