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ANDREW MARK MACAULAY V. RAIFFEISEN ZENTRAL BANK OSTERREICH AKIENGESELL SCHAFT (RZB) OF AUSTRIA

(2003) JELR 42062 (SC)

Supreme Court  •  SC.109/2002  •  12 Dec 2003  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC SAMSON ODEMWINGIE UWAIFO JSC NIKI TOBI JSC

Judgement


U. A. KALGO, J.S.C. (Delivering the Leading Judgment): The issues which arise for the determination of this court in this appeal are on a very narrow compass. They are:

"1. Whether the Court of Appeal was right in holding that the registration of the judgment of the High Court of England in Nigeria after twelve months from the date of judgment was within time and competent.
2. Whether the Court of Appeal was right in holding that the registration of the foreign judgment in this case was not contrary to public policy."

The appellant is a foreigner who has been residing in Nigeria since 1986. He together with 2 other persons who resided outside Nigeria guaranteed a loan from the respondent to a company called Constante Trading Limited based in Channel Island. The loan was to be repaid by the company in accordance with the terms and conditions set out in the deed of guarantee and the company defaulted.

The respondent sued the appellant and the other 2 guarantors jointly and severally in…

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