Calais Shipholding Company V. Bronwen Engery Trading Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering The Leading Judgment)

This is an appeal against the judgment of the Federal High Court Lagos division delivered on the 18-6-2010 by Hon. Justice M. B. Idris wherein the plaintiffs petition to register a foreign judgment was dismissed.

The Appellant in this appeal was the petitioner in the lower court, while the Respondent herein was the Respondent also in the lower court.

The parties were involved in a dispute relating to shipping transactions and subsequently submitted themselves to Arbitration proceedings in England which culminated in a final award made by the arbitrators in favour of the appellant herein.

By an application exparte, the appellant applied to a commercial court, Queens Bench Division of the High Court of Justice, England for the Arbitration award to be made the judgment of the said court and which, application was duly granted on the 18th day of September 2008.

Thereafter, the appellant by an originating petition dated 13-8-2009 applied to the Federal High Court, Lagos Division, hereafter referred to as the (trial court) to register and enforce the said judgment obtained in the commercial court, Queens Bench Division of the high court of England in the Following manner:-

(a) Leave that the said judgment made by the Hon. Justice Steel of the Queens Bench Division, commercial court, of the High Court of England on 18th September 2008 be registered and enforced as the judgment of the Federal High Court, Lagos pursuant to section 3 of the Reciprocal Enforcement of judgments ordinance, Cap.175. Laws of the Federation of Nigeria, 1958

(b) Judgment ordering the above named judgment debtor to pay the petitioner:

(a) E17,687.50 (seventeen Thousand Six hundred and Eighty Seven Pounds and Fifty Pence) together with compound interest at the annual rate of 7.25% calculated at quarterly rest from 17 July 2008 until that date of Payment

(b) US$3,402,856.34 (Three Million Four Hundred and Two Thousand Eight Hundred and Fifty six United States Dollars and Thirty-Four cents) together with compound interest thereon at the annual rate of 7.25% calculated at quarterly rest from 17 June 2008 until the date of payment by or on behalf of Bronwen

(c) US$13,792.00 (Thirteen Thousand seven Hundred and Ninety-Two United States Dollars) together with compound interest thereon at the annual rate of 7.25% calculated at quarterly rest from 17 June 2008 until the date of payment by or on behalf of Bronwen

(d) US$27,843.85 (Twenty Seven Thousand Eight Hundred and Forty Three united state Dollars and Eighty-six cents) together with compound interest thereon at the annual rate of 7.25% calculated at quarterly rest from 19 June 2008 until the date of payment by or on behalf of Bronwen

(e) E43,569.82 (forty-three Thousand, Six Hundred and Sixty-Nine Pounds Sterling and Eighty-two pence), together with interest thereon at a commercial rate of 7.25% per annum’ compounded at three-monthly intervals from 12 May 2008 until the date of payment by or on behalf of Bronwen.

(f) GB E25.774.37. (Twenty Five Thousand, Seven Hundred and seventy Four Pounds sterling and Thirty -one Pence), together with interest thereon at a commercial rate of 7.25% per annum, compounded at three monthly intervals from 17 June 2008 until the date of payment by or on behalf of Bronwen.