STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

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

Reach more audience. Place advert here.

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obtained in Nigeria and in the United Kingdom and other territories under her majesty’s protection not having been repealed by the 1990 Act, the Act still applies to the United Kingdom and other part of her majesty’s dominion.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

Was this dictum helpful?

SHARE ON

foreign judgement

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 Therefore the 1958 Ordinance not having been repealed by the 1990 Act, still applies to the United Kingdom.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

Was this dictum helpful?

REGISTRATION OF FOREIGN JUDGEMENT DOES NOT DEPRIVE THE ORIGINAL COURT OF JURISDICTION

I agree that the registration of a judgment in a foreign Court for purposes of execution does not rob the original court of its jurisdiction over the matter and the execution of its judgment. For, the judgment-creditor could be enforcing the judgment in both jurisdictions wherever he can find the debtor’s property. But the matter in issue herein, which in my view had been decided by the registering court in England which had jurisdiction so to do, and the Arbitrator duly appointed by consent of parties in accordance with the “compromise” order of the registering court, ought not be relitigated in the original court in Nigeria. I should think that doing so tantamount to either asking the Nigerian Court to sit on appeal over the decision of another Court which had already exercised coordinate jurisdiction available to either Court, or setting aside the award of the Arbitrator which the Respondent had not challenged in accordance with the known principles governing arbitral proceedings.

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

Was this dictum helpful?

SIX YEARS FOR REGISTRATION OF JUDGEMENT CAN ONLY APPLY WHERE MINISTER HAS EXERCISED HIS POWER

In 1961, the Foreign Judgments (Reciprocal Enforcements) Act (Cap. 152) Laws of the Federation of Nigeria was enacted. Under section 4(1), the period within which a foreign judgment may be registered in Nigeria was extended to six years from the date of such judgment. But section 3(1) of the Act makes the applicability of the six years’ period subject to an order by the Minister of Justice directing that Part I of the Act [which includes section 4(1)] shall extend to a relevant foreign country … Section 9 of the Act preserves the effect of the Reciprocal Enforcement of Judgments Ordinance until an order envisaged under section 3(1) is made by the Minister. This relates to all foreign judgments including those given in the United Kingdom which should be registered within 12 months or such longer period the court may allow them.

— S.O. Uwaifo, JSC. Macaulay v RZB (2003) – SC.109/2002

Was this dictum helpful?

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

Was this dictum helpful?

COURT MAY EXAMINE DECISIONS OF SIMILAR JURISDICTION

Where there is no established precedent in this jurisdiction, the Court may examine the decisions of Courts in other similar jurisdictions for guidance. It is conceded that they are of persuasive authority only. In the Indian and English authorities cited by learned counsel for the applicants, I am persuaded that having regard to the fact that the decision of the lower Court affects the pecuniary interest of the applicants in the estate of the deceased and they are not seeking to pursue the appeal against the conviction and sentence of the deceased, the justice of the case requires that they be permitted to challenge the decision on Ground 9 only.

— K.M.O. Kekere-Ekun JSC. Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018)

Was this dictum helpful?

FOREIGN JUDGEMENTS CAN ONLY BE REGISTERED WITHIN 12 MONTHS IF NO EXTENSION OF PART 1 OF THE 1990 ACT

This court in the case of Macaulay v. R. Z. B. Austria (2003) 18 NWLR (Pt.852) 282 at pp. 298H -299 A – B, per Kalgo, JSC observed as follows: “By this provision, irrespective, regardless or inspite of any other provision in the 1990 Act, any judgment of a foreign country including United Kingdom to which part 1 of that Act was not extended, can only be registered within twelve months from the date of the judgment or any longer period allowed by the court registering the judgment since the provisions of Part 1 of the said Act had not been extended to it. Section 4 of the 1990 Act which speaks of registering a judgment within 6 years after the date of judgment only applies to the countries where Part 1 of the said Act was extended, that is to say, when the Minister made an order under the 1990 Act; and in this case it was not.”

Was this dictum helpful?

No more related dictum to show.