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

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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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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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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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SIX YEARS TO REGISTER FOREIGN JUDGEMENT CANNOT BE APPLICABLE UNTIL MINISTER MAKES ORDER UNDER THE 1990 ACT

Under S4 of the Foreign Judgment (Reciprocal Enforcement) Act, the period within which a foreign Judgment may be registered in Nigeria was extended to six years from the date of the Judgment. However, S3(1) of the Act subjected the coming into force of the provisions of part 1 of the Act which part 1 contains S4(1) of the said Act which provides for the period of registration to be six years if an order is made by the Minister of Justice directing the extension of part 1 of the Act to the relevant foreign countries. In effect, until the Minister of Justice in this country makes the Order under S3(1) of the Act, S4 of the Foreign Judgment Act cannot be available to any applicant to support an application to register a foreign Judgment within a period of 6 years from the date of the Judgment. See Marine & Gen. Ass. Co. Plc. v. O. U. Ins. Ltd. (2006) 4 NWLR (Pt.971) SC 622.

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

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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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REGISTERING COURT DOES NOT SIT AS APPELLATE COURT OVER FOREIGN JUDGEMENT

I will also add that it is not the duty of the court entertaining an 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 the requirements were met in this case.

— S.A. Akintan, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000

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