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NON-SUBMISSION TO THE JURISDICTION OF FOREIGN COURT

Dictum

✓ 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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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...

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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...

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MEANING OF “OR” IN RELATION GROUNDS UPON WHICH FOREIGN JUDGEMENT MAY NOT BE REGISTERED

Section 3(2)(a-f) of the 1958 Act quoted above specified the grounds upon which foreign Judgment should not be registered. The grounds are alternative grounds and cannot be combined. I agree with the submission of the learned Senior Counsel for the Respondent that the word “or” used in between the grounds is disjunctive and not conjunctive....

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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...

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

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....

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