Vab Petroleum Inc Vs Mr Mike Momah (2013)

LAWGLOBAL HUB Lead Judgment Report

T. MUHAMMAD, J.S.C.

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 of the Record of Proceedings).

There was again filed another appeal No. CA/L/256/96 as contained in the Notice and Grounds of Appeal (pages 38 – 41 of the Record of Appeal).

This latter appeal was against the Ruling of the learned trial judge on the ex-parte motion of 30/4/96 wherein the learned trial judge made some orders on the judgment sum as found by the London Queen’s Bench Division of Commercial Court; interest rates payable etc.

The court below in its judgment allowed both appeals and set aside both rulings of the trial court.

The respondent was also dissatisfied with some aspects of the court below’s decision and he filed a cross-appeal.

Briefs were settled in both the main and the cross-appeals.

In his brief of argument, the learned counsel for the appellant distilled the following issues for determination.

A. “Did the London’s Queens Bench Division Commercial Court have Jurisdiction to entertain this suit

B. Was the respondent served with the Writ of Summons and Processes of the case in London