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JUDGEMENT NOT ENFORCEABLE IN ORIGINAL COURT WILL NOT BE ENFORCEABLE IN REGISTERING COURT

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The reasoning behind the conditions laid down for refusal is very obvious. In other words where a judgment has been satisfied, the interest of the judgment creditor had been served and therefore any further registration of same would serve no beneficial purpose but a mere waste of time. There would be nothing more to pursue. Further more and on the second reason warranting refusal, it is a matter of common knowledge that any judgment which by its nature cannot be enforced by exemption in the country of the original court would certainly and invariably encourter the same situational characteristics wheresoever else. Basically the general fundamentals relating to the purpose, determination application and effectual reasonings of any legal system are principally based on the same pedestal connotation. Any judgment which could not be executed is as good as none at all.

— C.B. Ogunbiyi, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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foreign judgement

FOREIGN DECISIONS ARE ONLY OF PERSUASIVE VALUE

In Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580, Niki Tobi JSC (God bless his soul) had emphatically held inter alia thus: Decisions of Foreign Countries are merely of persuasive authority. This Court will certainly allow itself to be persuaded in appropriate cases but this Court will not stray away from its course of interpreting the Nigerian Constitution by resorting to foreign decisions which were decided strictly in the context of their Constitution and which are not similar to ours. See also Okon v. The State (1988) 1 NWLR (Pt. 69) 172 @ p. 180, where Nnemeka-Agu, JSC had stated inter alia thus: ”It is well to remember not only that a foreign decision should at best be of persuasive authority in a Nigerian Court but also that before it can even qualify as such, the legislation, substantive or adjectival, upon which it was based must be in pari materia with our own. It is dangerous to follow a foreign decision simply because its wording approximates to our own. Nigerian Courts are obliged to give Nigerian Legislation its natural and ordinary meaning, taking into account our own sociological circumstances as well as other factors which form the background of our Local Legislation in question. A Copy-Cat transportation of an English decision may in some circumstance turn out to be inimical to justice in our own Courts. See also Adetoun Oladeji (Nig) Ltd v. Nigerian Breweries PLC (2007) LPELR 160 (SC) Dada v. The State (1977) NCLR 135; Eliochin Nig. Ltd. v. Mbadiwe (1986) 1 NWLR (Pt. 14) 47; Nigerian National Supply Co. Ltd v. Alhaji Hamajode Sabana Co. Ltd (No 3) (1988) 2 NWLR (Pt. 74) 23: Senator Adesanya v. President of the Federal Republic of Nigeria (1981) 5 SC 112; Yahaya v. State (2002) 3 NWLR (Pt. 754) 289.

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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)

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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.”

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

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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CRITERIA AND PROCESSES FOR REGISTRATION OF A FOREIGN JUDGEMENT

In the instant case, the relevant legislative provisions, and these have been reproduced supra, are made up of words which are clear and unambiguous in their meanings. Their ordinary literal meaning must accordingly be ascribed to them. Resultantly the combined effect of these provisions are:- (1) Foreign judgments are, on application and a court order thereon, registrable in this country. (2) Application for an order for leave to register such judgments can be made either ex parte or on notice. (3) An application on notice for the registration of a foreign judgment can be made, by the necessary implication deducible from S. 3(4), more than once.
Judgments that must not be registered pursuant to applications in that behalf and if registered their registrations are liable to being set aside, on application by the judgment debtor include:- (a) Judgment given by a court without jurisdiction. (b) Judgment against a judgment/debtor who did not carryon business or resided within the jurisdiction of or voluntarily appeared or submitted or agreed to submit to the jurisdiction of the court that gave the judgment. (c) Judgment against a defendant who although ordinarily resident or was carrying on business or agreed to submit to the jurisdiction of the court that gave the judgment was not duly served with the processes of the court and did not attend trial. (d) Judgment that was fraudulently obtained. (e) An appeal subsist against the judgment or that being entitled to, the judgment/ debtor intends to appeal. (f) If the cause of action on the basis of which the judgment was given could not have been heard by the registering court for reasons of public policy or such other related reasons. (g) it is neither just nor convenient that the judgment be enforced in Nigeria and; (h) for any other sufficient reasons. The discretion of the Judge are frighteningly wide indeed.

– M.D. Muhammad, J.C.A. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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NON-SUBMISSION TO THE JURISDICTION OF FOREIGN COURT

✓ In the New Zealand case of Sharps Commercials Ltd. v. Gas Turbines Ltd. (1956) NZLR 819, the Supreme Court of that country, held that a judgment given by the High Court of Justice in England in an action in personam (as in the instant case leading to this appeal), could not be registered in that Supreme Court because, the judgment debtor – a Company registered in New Zealand, which at no time, had any office or place of business in England, but or although it was served with the Writ, it did not take any part in the proceedings in the said High Court or submit to its jurisdiction or agree in respect of the subject-matter of the proceedings to submit to the judgment of that court, because none of the conditions set out in Section 6(3) of the Reciprocal Enforcement of Judgments Act, 1934 of New Zealand (which is substantially the same with the 1958 Act).

✓ In the case of Schibsby v. Westenholz & Ors. (1861 – 73) All E.R. 988, it was held that a judgment obtained in a foreign court in default of appearance, against the defendants who were not subjects of the Foreign State and who also, were not resident there at the time the proceedings were instituted and who also did not own any property in that foreign State, but although the defendants had notice of the said proceedings sufficient for them to have appeared and defend the action, they had no duty, to obey the judgment so, an action to have the judgment enforced, failed. I note however, that this case, was before the 1933 Act.

✓ In the case of Societe Cooperative Sidmetal v. Titan Internatioonal Ltd. (1966) 1 Q.B. 828. it was held or decided by the Queen’s Bench Division of the High Court of Justice, London, England, that a judgment of a Belgian Court given against a defendant resident in England, could not be registered in England under the 1933 Act because, although the defendant, was served with the processes in England, he did not surrender to the jurisdiction of the Belgian Court by voluntarily appearing and participating in the proceedings.

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