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

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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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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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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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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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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

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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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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

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