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

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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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COURT CAN SET ASIDE THE REGISTRATION OF A FOREIGN JUDGEMENT

In any case, the authority, power or jurisdiction to set aside the registration of a foreign judgment as seen above is provided by statute and the courts have recognised that position in a number of decisions. See Hyppolite v. Egharevba (1998) 11 NWLR (Pt. 575) 598 at 614 and 617, Berliet (Nig.) v. Kachalla (1995) 9 NWLR (Pt.420) 478, Dale Power System v. Witt and Busch (2001) 8 NWLR (Pt.716) 699 at 708 and Halaoui v. Grosvenor Ltd. (2002) 17 NWLR (Pt.795) 28 at 42-3.

— Garba, JCA. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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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

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MINISTER OF JUSTICE HAS POWER TO EXTEND THE APPLICATION OF PART 1 OF THE 1990 ACT

Section 3 of the 1990 Act empowers the Minister of Justice of the Federation of Nigeria to extend the application of Part 1 of that Act with regard to registration and enforcement of foreign judgments of superior courts, to any foreign country, including United Kingdom if he is satisfied that the judgments of our superior courts will be accorded similar or substantial reciprocity in those foreign countries. And once an order is made under section 3 of the 1990 Act in respect of any part of Her Majesty’s dominions to which the 1958 Ordinance earlier applied, the latter ceases to apply as from the date of the order. The learned counsel for the parties have both agreed that the Minister of Justice has not exercised that power in respect of any foreign country under the said Act. I also agree with them on this and I so find.

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

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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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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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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

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