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(2007) JELR 52295 (CA)

Court of Appeal 31 May 2007 Nigeria
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- The appellant challenged the Federal High Court’s decision (per Faji J.) setting aside the registration of a UK (England, Queen’s Bench Division) judgment in the sum of $19,732,734.75 under the Reciprocal Enforcement of Judgments Act, Cap

Case Details

Suit Number:CA/PH/214/2006
Judges:SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) ISTIFANUS THOMAS JCA BODE RHODES-VIVOUR JCA
Counsel:Professor S. A. Adesanya SAN (with him, U. H. Azikiwe Esq., Adebiyi Oduntan Esq., G. Ojo Esq. and Rotimi Aremu Esq.) - for -*- the Appellants . N. Odebe Esq. - for the Respondents .

GALADIMA JCA (Delivering the Lead Judgment): This is an appeal from the ruling of Faji J of the Federal High Court, Port Harcourt, Rivers State of Nigeria, delivered on the 2nd day of December, 2005 setting aside the registration allowed earlier by the said court of the judgment of the High Court of Justice, Queen’s Bench Division, Commercial Court, England in the sum of US$19,732,734.75 comprising the principal sum of $18,499,352.17 with interest thereon. Dissatisfied with this ruling, the appellant who was the judgment creditor/respondent appealed to this court by virtue of notice and six grounds of appeal filed on 19/12/2005 reproduced hereto below with their particulars:

Ground 1:

Learned trial Judge erred in law in entertaining the respondents’ application to set aside the registration of the English Judgment in claim No. 2005 folio 68 when it was obvious that due process had not been complied with in bringing the application.

Particulars of Error

(a) The learned trial Judge foun…

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