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DALE POWER SYSTEMS PLC V. WITT & BUSCH LIMITED & ANOR.

(2007) JELR 33388 (CA)

Court of Appeal  •  CA/L/261/2005  •  12 Jul 2007  •  Nigeria

Coram
RAPHEL CHIKWE AGBO JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Alabi J. of the Lagos State High Court which was delivered on the 21st of April 2004 in which he set aside the execution of the judgment of that Court and directed the Deputy Sheriff to release the ten generating sets that were attached to the 2nd Respondent herein.

The facts that gave rise to this appeal are simple and straight forward and are ably set out in the parties' briefs of argument. I will therefore recount them briefly in this judgment.

On the 6th of June 1997, the Appellant herein obtained a judgment against the first Respondent at the High Court of England in the sum of ?160.534.70 plus ?61,653.88 interest on the judgment sum. On the 15th September 1997, the Appellant applied to the High Court of Lagos State for an order of registration of the foreign judgment in accordance with the provisions of the Reciprocal Enforcement of Judgment Ordinance, Cap 175 Laws of the Federa…

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