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MOMAH

(2013) JELR 36087 (SC)

Supreme Court 18 Jan 2013 Nigeria
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- The case concerned the registration and enforcement in Nigeria of a foreign judgment obtained by the appellant in the UK High Court of Justice, Queen’s Bench Commercial Court Division, against the respondent. - The Lagos State High Court

Case Details

Suit Number:SC.99/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Counsel:M. O. S. Amobi Esq.R. Salami. For Appellant F. C. A. Okoli For Respondent
Other Citations:(2013) 14 NWLR (Pt. 1374) 284, (2013) JELR 73837 (SC)

I. T. MUHAMMAD, JSC (Delivering the Leading Judgment): By a Motion on Notice before the High Court of Lagos State (trial court), the judgment creditor/applicant, prayed the trial court for the following reliefs:

i. "an order to have the judgment of the United Kingdom's High Court of Justice, Queen's Bench Commercial Court Division, London, in suit No. 1991 Folio No.1048 between parties hereto, registered in this Honourable court for execution.

ii. such order(s) as this Honourable Court may deem fit to make in the circumstances."

After having evaluated the affidavit evidence placed before him by the parties, the learned trial judge, Adeniji, J., granted the application to register the said United Kingdom judgment.

Dissatisfied with the Ruling of the trial court, the judgment debtor/respondent, appealed to the Court of Appeal, Lagos Division (court below) in Appeal No. CA/L/133/93 on (4) four grounds of appeal as contained in the Amended Notice of Appeal filed on 25/11/96 (p.194 - 197 o…

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