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WITT AND BUSCH LIMITED V. DALE POWER SYSTEMS PLC

(2007) JELR 42366 (SC)

Supreme Court  •  SC.240/2000  •  25 May 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

M. MOHAMMED, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division delivered on 30th May, 2000, in which that court reversed the decision of the High Court of Justice of Lagos State delivered by Ade Alabi, J. (as he then was) on 30th October, 1998, setting aside the order of the same High Court of 13th October, 1997 by Phillips J. registering a foreign judgment of the High Court of Justice, Queens Bench Division in England dated 6th June, 1997, in favour of the respondent in the present appeal. The respondent as a judgment creditor, brought its application for the registration of the foreign judgment under the provisions of the Reciprocal Enforcement of Judgment Ordinance, Cap. 175, Laws of the Federation of Nigeria, 1958. The application was heard and granted by Phillips, J, who in his order, gave the appellant in the present appeal which was the, judgment debtor in the application, 14 days from the date of service of th…

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