RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAW

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Keywords: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAW

TABLE OF CONTENT
Title
Table of Nigeria cases……………………………………………………………………….vii
Table of foreign cases…………………………………………………………………..viii-ix
Table of Nigeria statutes ……………………………………………………………………x
Table of foreign
statutes……………………………………………………………………………………………xi
Multinational
Convention/Treaty…………………………………………………………………………….xii
Table of
Content………………………………………………………………………………………xiii-xv
Abstract…………………………………………………………………………………………..xvi
CHAPTER ONE
General Introduction………………………………………………………………………….1
1.1 Introduction……………………………………………………………………………….1-6
1.2 Statement of the Problem…………………………………………………………….8-9
1.3 Aims and Objectives……………………………………………………………………6-7
1.4 Scope of the Research………………………………………………………………..7-8
1.5 Literature Review…………………………………………………………………….9-13
1.6 Justification……………………………………………………………………………13-14
1.7 Significance …………………………………………………………………………..14-15
1.8 Research Methodology…………………………………………………………….15-16
1.9 Organisation Layout……………………………………………………………………16
xv
CHAPTER TWO
JURISDICTION OF THE FOREIGN COURT………………………………….17
2.1 Introduction……………………………………………………………………………17-18

2.2 The relevance of jurisdiction in recognition and enforcement of foreign judgment………………………………………………………………………………19-21
2.3 Bases/Existence of jurisdiction …………………………………………………21-25
2.3.1 Appearance…………………………………………………………………………25-27
2.3.2 Submission…………………………………………………………………………..27-29
2.3.3 Residence (Forum Rei)……………………………………………………….29-34
2.3.4 Forum chosen by the parties…………………………………………………34-36
2.3.5 forum delecti……………………………………………………………………….36-37
2.3.6 Forum rei sitae ………………………………………………………………….37-38
2.3.7 Forum solution contractus…………………………………………………….38-39
CHAPTER THREE NATURE AND SCOPE OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT……………………………………..…..……………………………..40
3.1 Introduction…………………………………………………………………………………40
3.2 Distinction between recognition and enforcement of foreign
judgment ………………………………………………………………..41
3.3 Principle guiding recognition and enforcement of foreign
judgment ………………………………………………………………41-44
3.4 Requirement for recognition and enforcement of foreign
judgment generally……………………………………………………..45
3.4.1 Recognition and enforcement of foreign judgment
under statutes……………………………………………………………………..45-46
3.4.2 Requirement/ condition for recognition and enforcement ………….46-47
3.4.2(a) Judgment must be final and conclusive……………………………….47-49
3.4.2(b) Judgment must be for a sum of money……………………………….49-51
3.4.2 (c) Judgment must not be for tax or penalty ………………………….51-53
3.4.2(d) The foreign judgment sought to be registered…………………….53-54
xvi
3.5 Mechanism (procedure) for registration…………………………………….54-56
3.6 Time limit for applying for registration of foreign judgment in
Nigeria …………………………………………………………….56-61
3.7 Setting Aside of registered judgment………………………………………. 61-65

CHAPTER FOUR
DEFENCE AGAINST RECOGNITION AND ENFORCEMENT……….66
4.1 Introduction…………………………………………………………………………………66
4.2 Lack of jurisdiction …………………………………………………………………66-70
4.3 Judgment obtained by fraud ……………………………………………………..70-76
4.4 Foreign judgment contrary to public policy………………………………..76-79
4.4.1 Judgment awarding multiple or punitive damages………………….. 79-83
4.4.2 Judgment Deemed to have effect of Unacceptability
restraining trade……………………………………………………..83
4.4.3 Judgment Deemed to be based on Public law………………………….83-84
4.5 Procedural Defects (Natural Justice)……………………………………………84
4.5.1 Inadequate notice………………………………………………………………..85-86
4.5.2 Lack of Opportunity to defend……………………………………………….86-91
4.6 Practical obstacles…………………………………………………………………..91-95

CHAPTER FIVE
SUMMARY, OBSERVATION AND
CONCLUSION……………………………………………………………………96
5.1 Introduction………………………………………………………………………………..96
5.2 Summary……………………………………………………………………………….96-98
5.3 Observation…………………………………………………………………………………98
5.4 Recommendation………………………………………………………………………..100

ABSTRACT
Judgment or order of the court is meant to be effected or enforced. So that justice will be seen to have been done, any failure to effect or enforce such judgment will be nothing but travesty of justice. For example where a plaintiff brings an action against the defendant in Nigeria for damages for breach of contract or for tort, and eventually obtains judgment, only to discover that the defendant has surreptitiously removed his assets to England, so that the Nigerian judges can not enforce the judgment. The question here is must he begin all over again and bring a fresh action against the defendant in England? Or what happens to the judgment? Currently, the answer is no to both questions. The law has provided an avenue where the plaintiff can now pursue the judgment to England, for the court in England to authenticate and coarse the defendant to comply with the judgment. This in conflict of laws parlance is what is known as recognition and enforcement of foreign judgment. In an application for the recognition and enforcement of a foreign judgment to an English or Nigerian court the court is obliged to find out and be sure that the judgment was not obtained by fraud and that the trial court had jurisdiction to have tried the case and that the judgment of that court was final and conclusive. However, even in this circumstances the Nigerian court by virtue of the provision of the foreign judgment (Reciprocal enforcement) Act laws of the federation of Nigeria Cap F35 2004, the judgment shall only be recognized or enforced if it is obtained from a superior court of a country which the minister is satisfied shall give the same treatment to Nigerian judgment. The above explanation is what recognition and enforcement of foreign judgment is all about and where a judgment is entered in his favour he can pursue the judgment to a foreign jurisdiction and if the judgment satisfies the requirement it shall be enforced without a review of the case.

CHAPTER ONE
GENERAL INTRODUCTION
1.1 INTRODUCTION
Judgment, simply put, means a Courts final determination of a case
which normally includes a decree and any order from which an appeal lies1.
However, the foreign judgment (reciprocal enforcement) Act Cap F352
broadly defines judgment to mean “judgment or order given or made by a
Court in any civil proceeding and shall include an award in proceeding on an
arbitration…” The import of this definition is that judgment is not
restricted to decisions of the Court, but to include the final determination of
an arbitration tribunal. In this context, “Foreign judgment” can therefore be
defined as a judgment delivered by a Court and arbitration tribunal other
than the Court or arbitration tribunal of the forum.

Keywords: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAW

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Keywords: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAW

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