Shona-jason Nigeria Limited V. Omega Air Limited (2005)

LawGlobal-Hub Lead Judgment Report

GARBA, J.C.A.

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 motion, applied to the Federal High Court to set aside the registration of the judgment. On the 12th April, 1999, the Federal High Court heard the appellant’s motion and on the ground that it could not set aside a judgment of English Court, dismissed the motion. Being very dissatisfied with the decision of that court, the appellant filed this appeal against it vide a notice of appeal on the 20th April, 1999. The notice of appeal, dated the 18th April, 1999 contained the following grounds of appeal.

“Ground 1:

Error in law

The learned trial Judge erred in law when he held that he cannot set aside his order for the registration of a foreign judgment which he had ordered on 15th March, 1999.

Particulars of errors

(i) The laws governing the registration of foreign judgments, the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 152) Laws of the Federation of Nigeria, 1990, and the Reciprocal Enforcement of Judgments Rules (Cap. 175) Laws of the Federation of Nigeria, 1958 allow a Judge to set aside the registration of a foreign judgment even after an order for the registration of same had been made. The powers to set aside are provided for under section 6(1)(a)(iv), (v) and (vi) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 152) Laws of the Federation of Nigeria, 1990 and Rule 12 (Cap. 175) Laws of the Federation of Nigeria, 1958.

(ii) That when it came to the notice of the court that the appellant was not served with processes or notified of the proceedings of the foreign court for which its judgment has been registered as a judgment of His Lordship, that it is neat and proper to listen to the cries of the appellant.

Ground 2.

Error in law

The learned trial Judge erred in law when he ruled that the judgment registration on 15th March, 1999 can no longer be set aside by him.

Particulars of errors