Consolidation Contractors (Oil And Gas) Company Sal V. Mr. Munib Masiri (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

By a motion ex-parte dated the 14th day of November, 2008 the Respondent herein, who is the judgment creditor in a judgment which was delivered on the 28th July, 2006 by the High Court of Justice Queens Bench Division commercial Court, London, sought for the following reliefs at the Federal High Court, Lagos: –

‘1. An order extending time within which the Judgment Creditor may apply to register and enforce the judgment delivered by the Queens Bench Division of the High Court of Justice in England in this suit on 28th July 2006, the quantum orders made on 15th June, 2007 and 5th October, 2007.

2. An order of this Honourable Court registering as the judgment of this Honourable Court the following Judgments and orders of the Queens Bench Division of the High Court of Justice in England (Commercial Court) in case No. 2004 folio 124, case No. 2004 Folio 831 between the above  named parties.

(i) The judgment dated 28th July, 2006.

(ii) Order dated 15th June, 2007 by Mrs. Justice Gloster D B E.

(iii) Order dated 5th October, 2007 by Mrs. Justice Gloster D B E.

(iv) Order dated 11th February, 2008 by Mrs. Justice Gloster D B E.

(v) Order dated 9th April, 2008 by Mr. Justice Tomlinson.

AN INTERIM ORDER prohibiting the Judgment Debtor i.e. Consolidated Contractors (Oil and Gas) Company SAL from disposing, transferring or registering in favour of any person at the Corporate Affairs Commission, Abuja its ownership interest of any of its shared in:

(a) CCC Energy Nigeria Ltd

(b) CCOG Nigeria Ltd pending the final determination of the motion on Notice filed in this matter.

4. AN ORDER GRANTING LEAVE TO THE Judgment Creditor to serve the Ex-parte order of this Honourable Court and the motion on notice and all other processes to be issued in this matter on the Judgment Debtor, Consolidated Contractors (Oil and Gas) Company SAL, at their office at Bir Hassan Sursock Street, P. O. Box 11-2254, Riad EL Solh, Beirut 1107-2100 Lebanon through DHL Courier Services.

AND FOR SUCH further or other orders as this Honourable Court may deem fit to make in the circumstances.

The Respondent filed yet another application by motion on notice dated the 14th November, 2008 praying the lower Court for the following: –

‘1. AN ORDER attaching all shares belonging to Consolidated Contractors Oil and Gas Company SAL in CCC Energy Nigeria Limited and CCOG Nigeria Ltd for the purpose of satisfying the judgment debt in this matter.