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Results: 4 Answers
Enforcement of Foreign Judgments
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Nigeria
The following judgments are recognisable and enforceable:

  • any judgment or order arising from civil proceedings;
  • any arbitration award which has become enforceable under the law in force at the place where it was made in the same manner as a judgment of a court in that place; and
  • any monetary judgment or court order in criminal proceedings for the payment of compensation or damages to an injured party.

The following foreign judgments cannot be recognised and enforced:

  • judgments of a superior court of a foreign country issued on appeal from a court which is not a superior court; and
  • judgments in respect of taxes or other similar charges or penalties or fines.
For more information about this answer please contact: Chinedu Anaje from AO2 Law
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Nigeria
Yes.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Nigeria
Yes, the law states that a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Nigeria
Under Section 10 of the Foreign Judgments (Reciprocal Enforcement), unless an order has been issued by the minister of justice, a foreign judgment must be recognised within 12 months of being passed, unless the court permits a longer period.

Under the Reciprocal Enforcement of Foreign Judgment Ordinance, the limitation period for enforcement of a judgment is 12 months from the date of the judgment or such longer period as may be allowed by the court.

For more information about this answer please contact: Chinedu Anaje from AO2 Law