(2005) JELR 45290 (CA)    

Court of Appeal  ·  CA/L/418/2000 ·  7 Feb 2005 ·  Nigeria
Other Citations
Shona-Jason Ltd. v. Omega Air Ltd. (2006) 1 NWLR (Pt.960)1
Shona-Jason Ltd, v. Omega Air Ltd. (2006) 1 NWLR (Pt. 960) 1
WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
judgment debtor
reciprocal enforcement
registration of the judgment
foreign judgments
15th march
laws of the federation of nigeria
federal high court
learned trial judge
registration of a foreign judgment
notice of appeal
said judgment
registered judgment
set aside
decision of the lower court
application of the appellant
courts of the country of the original court
date of the judgment
appellant application
high court of justice
laws of the federation
reciprocal enforcement of judgment act
registration of foreign judgments
registration of the said judgment
sufficient reason
briefs of argument
case of board of customs
commercial court
consideration of the judgment debtor
cries of the appellant
decision of that court
favour of the respondent
following week
further submission
judgment of english court
jurisdiction of the high court of justice
leading judgment
notice of the court
proceedings of the foreign court
provisions of order
queens bench division
reciprocal enforcement of judgments rules
registration of the judgment of english court
registration set
such issues

GARBA, J.C.A. (Delivering the Leading Judgment): The High Court of Justice, England (Queens Bench Division Commercial Court) entered judgment in favour of the respondent as plaintiff, in suit No. 1977 Folio 2194 on 9th January, 1998 against the appellant and one other.

The respondent then went to the Federal High Court in a motion on notice dated 25th November, 1998 and sought the registration of the said judgment as that of the Federal High Court under the Foreign Judgments (Reciprocal Enforcement) Act, Cap. 152 of the Laws of the Federation of Nigeria, 1990.

On the 15th March, 1999, the motion was heard and granted, but the following week, precisely on the 22nd March, 1999, the appellant pursuant to Order 33 rule 5 of Federal High Court - (Civil Procedure) Rules, 1976, the Reciprocal Enforcement of Judgment Act, Cap. 175 LFN 1958 as well as Foreign Judgments (Reciprocal Enforcement) Act, Cap. 152, of the Laws of the Federation 1990 and section 33(1) of the 1979 Constitution, in a …

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