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SHONA-JASON NIGERIA LIMITED v. OMEGA AIR LIMITED

(2005) JELR 45290 (CA)

Court of Appeal  •  CA/L/418/2000  •  7 Feb 2005  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JCA; MUSA DATTIJO MUHAMMAD JCA; MOHAMMED LAWAL GARBA JCA;

Judgement

GARBA, J.C.A. (Delivering the Leading Judgment): 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 …

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