Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Nigeria
From careful consideration of the Foreign Judgment (Reciprocal Enforcement) Act, it is understood that the court’s powers to review the service of process in the initial proceedings will be exercised upon an application by the judgment debtor to set aside the initial judgment after recognition, and not necessarily at the time of the application for recognition.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Nigeria
The court has the power to review whether the foreign court had jurisdiction to adjudicate on the matter or make such judgment, upon the judgment debtor’s application to set aside the recognition of a foreign judgment on this ground.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Nigeria
The court has the power to do so, either by itself or upon application by a judgment debtor.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.4
Will the court review the merits of the foreign judgment?
 
Nigeria
The court has the power to do so upon application by a judgment debtor.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Nigeria
The court may refuse to recognise a foreign judgment upon reaching this decision.

For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Nigeria
Yes, as follows:

  • The foreign judgment has been wholly satisfied.
  • The foreign judgment could not be enforced by execution in the country of the original court.
  • The foreign judgment is not final and conclusive.
  • The foreign judgment is in respect of tax or other charges of a similar nature, or in respect of a fine or other penalty.
  • The foreign judgment is sought to be recognised six years after it was issued.
For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.7
Is partial recognition and enforcement possible?
 
Nigeria
Partial recognition and enforcement is possible in two instances, as follows:

  • If, at the date of the application for recognition, the foreign judgment has been partly satisfied, the judgment shall not be recognised in respect of the whole sum payable under the foreign judgment, but only in respect of the balance remaining at that date.
  • If, on an application for recognition of a foreign judgment, it appears to the court that the judgment is in respect of different matters and that some, but not all of the provisions of the judgment are such that, had they been contained in a separate judgment, those judgments could properly have been recognised, the judgment may be recognised in respect of those provisions, but not in respect of any other provisions contained therein.
For more information about this answer please contact: Chinedu Anaje from AO2 Law
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Nigeria
Under Section 4(6) of the Foreign Judgment (Reciprocal Enforcement) Act, in addition to the sum payable under the foreign judgment – including any interest which, under the law of the country of the original court, has become due under the judgment up to the time of recognition – the judgment shall be recognised for the reasonable costs of and incidental to recognition, including the costs of obtaining a certified true copy of the judgment from the original court.

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