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MRS. FOLUKE MUDASIRU V. MR. IBRAHIM ABDULLAHI, MR. LADI COLE, DR. OLUFUNMILAYO COKER, MRS. OLUSOLA SOWEMIMO & MR. A. C. MKPARU

(2009) JELR 52653 (CA)

Court of Appeal  •  CA/L/869/2006  •  7 Jul 2009  •  Nigeria

Coram
ISA AYO SALAMI JCA RAPHAEL CHIKWE AGBO JCA REGINA OBIAGELI NWODO JCA

Appearances
Festus Keyamo (with him, A. Omaghomi and C. Mutuonu) for the Appellant; O. Idemudia (with him, A. Ajagbe) for the Respondents.

Judgement

SALAMI JCA (Delivering the Lead Judgment): By virtue of the ex parte application brought on 30 September 2005, the judgment creditor, Mrs. Foluke Asani Mudasiru applied to the High Court of Justice, Lagos State for an order that the judgment of Mr. Justice Lloyd of the High Court of Justice, Chancery Division, England in Suit No. HC03CO 3621 delivered on Wednesday, 29 October 2003 and the order of costs awarded by Judge Master Seager-Berry made on 22 January 2004 be registered as its own judgment.

The application was heard and granted on 17 October 2005 by Ishola J, sitting at the Ikeja Judicial Division of the court.

The applicant, thereafter, applied for and obtained a writ of fifa and executed same on the respondents. The respondents filed an application by way of motion on notice to set aside the registration of the judgment and its execution. The lower court, in its reserved and considered ruling, set aside both the registration as well as the execution of the foreign judgme…

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