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KABO AIR LIMITED v. THE O' CORPORATION LIMITED

(2014) JELR 36442 (CA)

Court of Appeal  •  CA/K/501/2013  •  20 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): This is an appeal from a ruling/decision of the Federal High Court sitting in Kano (the court below) dismissing an application to set aside registration of foreign judgment of USD 4,670,861 plus interest of 25% per annum entered in favour of the respondent against the appellant by the High Court of Justice of The Gambia on 3.07.2000.

The pith of the dispute was that the respondent successfully moved the court below on an ex parte application for registration of the judgment of the High Court of The Gambia out of time. The appellant was served with the order of the registered judgment after its registration. Some six months after service of the order of registration of the foreign judgment on the appellant, the respondent commenced garnishee proceedings at the Federal High Court Lagos to enforce the judgment debt of USD 4, 670, 861 with interest of 25% per annum against the appellant. It was at that point in time that th…

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