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BOTH THE 1958 ACT AND THE 1990 ACT APPLIES TO FOREIGN JUDGEMENT

Dictum

The two main statutes are the Reciprocal Enforcement of Judgment Act 1922 Cap 175 Laws of the Federation and Lagos 1958 and the Foreign Judgment (Reciprocal Enforcement) Cap 152 Laws of the Federation 1990 Act Cap F35 of the Revised Laws of the Federation 2004. The 1958 ordinance was promulgated to facilitate the reciprocal enforcement of Judgments obtained in Nigeria and in the United Kingdom and other territories under her majesty’s protection not having been repealed by the 1990 Act, the Act still applies to the United Kingdom and other part of her majesty’s dominion. See Macaulay v. R.Z.B Austria (2003) 18 NWLR (Pt. 852) SC 282.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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THE 1958 ORDINANCE STILL APPLIES TO REGISTRATION OF FOREIGN JUDGEMENTS

The 1958 Ordinance was promulgated as No.8 of 1922 “to facilitate the reciprocal enforcement of judgments obtained in Nigeria and in the United Kingdom and other parts of Her Majesty’s Dominions and Territories under Her Majesty’s protection”. It came into operation on the 19th of January, 1922. There is no doubt therefore that it applies to all judgments of the superior courts obtained in the United Kingdom and its application can be extended to any other territory administered by the United Kingdom or any other foreign country. This can be done by proclamations pursuant to section 5 of that Ordinance. Therefore the 1958 Ordinance not having been repealed by the 1990 Act, still applies to the United Kingdom.

— A. Kalgo, JSC. Macaulay v RZB (2003) – SC.109/2002

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ORIGINAL COURT WHICH GAVE JUDGEMENT DOES NOT LOSE JURISDICTION IN RELATION TO THE EXECUTION PROCESS

I am in agreement with the learned counsel for the respondent, that the original court which gave judgment does not lose its jurisdiction in relation to the execution process in the case just because the judgment has been registered in a foreign country. But, once it is recognised that a registering court has the same power with respect to execution as the original court, it becomes important to monitor closely what the registering court is doing in relation to the execution of a particular registered judgment in order to ensure that there is no conflict in the exercise of powers as to execution between the registering court and the court which originally gave the judgment.

— Oguntade, JCA. Adwork Ltd. v Nigeria Airways Ltd. (1999) – CA/L/156/99

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PREREQUISITES TO SET ASIDE FOREIGN JUDGEMENT WILL BE CONSIDERED WHEN FOREIGN JUDGEMENT IS TO BE REGISTERED

The purpose from the subtitle is for cases in which registered Judgments must or may be set aside. There is no doubt that the application in the lower court is not for an Order to set aside but to register a Foreign Judgment. Notwithstanding, the requirements under S6(2) and S6(3) are germane to all Foreign Judgment applications. This is because prescribed conditions therein will serve as a guard for the court to avoid circumstances wherein a registered Judgment will be subsequently set aside on the basis of the provision stated in S6 of the Act. The provision therein is not mandatory but necessary when considering whether a Foreign Judgment will be registered or not … Therefore once Applicant seeking registration has presented facts to support the prerequisites under S4 for registration, the lower court must presume the foreign court had jurisdiction. The court will refuse to register a foreign Judgment when these aforesaid conditions have not been fulfilled inclusive of where the Judgment could not be enforced by execution in the country of the original court. The conditions set out under S4 of the foreign Judgment (Reciprocal Enforcement) Act should be considered by the Learned Trial Judge before registering the Judgment or refusing to register.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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EXECUTION BY REGISTERING COURT AND ORIGINAL COURT

When a judgment has been pronounced and no appeal is brought by the parties, the execution of the judgment normally follows. All types of application may follow and these usually include stay of execution, instalmental payment, variation etc. It seems to me that applications, other than those directed specifically at obtaining satisfaction of the judgment are properly brought before the court which originally gave the judgment even in cases where the judgment has been registered in a Foreign Court. On the other hand, application arising out of execution of writs taken out in the registering court ought to be heard by the registering court. This is without prejudice to the power of the court which originally gave the judgment to enforce by execution its judgment even when the judgment has been registered in a foreign court. The way it works is that either court must satisfy itself that the execution power is not being exercised simultaneously in this exercise of the concurrent jurisdiction in the original and the registering court.

— Oguntade, JCA. Adwork Ltd. v Nigeria Airways Ltd. (1999) – CA/L/156/99

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REGISTERING COURT CANNOT SIT AS APPELLATE COURT OVER JUDGEMENT SOUGHT TO BE REGISTERED

The law is that it is not the duty of the registering Court to sit on appeal over the decision of the original Court that delivered the Judgment sought to be registered. My view above is fortified by the decision of the Supreme Court in the case of:- – Witt & Busch Ltd. v. Dale Power Systems Plc (2007) 17 NWLR part 1062 Page 1 at 23 – 24 Paragraphs G – A; where it was held as follows:- “I entirely agree with the statement of the laws as declared in the lead judgment particularly on the point that section 3 (1) of the Reciprocal Enforcement of Judgment Ordinance was applicable to the case. I will also add that it is not the duty of the Court entertaining application for the registration of a foreign judgment to sit as an appellate Court over the foreign judgment. The Respondent to the judgment sought to be registered is expected to have exercised its right of appeal under the laws of the foreign country. All that the Court to which the application is made needs to do is to ensure that the Appellant complies with the requirements of our laws on registration of foreign judgment. I believe that requirement has been met.”

— J.O. Bada, JCA. Conoil v Vitol (2011) – CA/A/213/2010

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THE REGISTERING COURT AND THE ORIGINAL COURT SHOULD KEEP WATCH NOT TO CONFLICT IN EXECUTION

The process of execution of a judgment may take different forms and may necessitate other ancillary proceedings. In the quest to eliminate any conflict of jurisdiction as to execution between the registering court and the original court, it is important for either of the courts to discover what is being done or has been done by either of them at a particular time before either assumes jurisdiction. It seems to me that the matter boils down to the necessity for both courts to prevent an abuse of its execution process rather than in the proclamation of principles.

— Oguntade, JCA. Adwork Ltd. v Nigeria Airways Ltd. (1999) – CA/L/156/99

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