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Practical considerations when seeking enforcement of a foreign judgment (Chief Nelson Ogelegbanwei v The President of the Federal Republic of Nigeria)

Practical considerations when seeking enforcement of a foreign judgment (Chief Nelson Ogelegbanwei v The President of the Federal Republic of Nigeria)
Published on: 20 January 2016
Published by: LexisPSL
  • Practical considerations when seeking enforcement of a foreign judgment (Chief Nelson Ogelegbanwei v The President of the Federal Republic of Nigeria)
  • Practical implications
  • Facts
  • Why was an application made to change the legislation under which recognition of the foreign judgment was sought?
  • Why did the court allow registration against the third defendant?
  • Why did the court refuse registration of the judgment against the first and second defendants?
  • Submissions made by the claimants
  • Court details

Article summary

Dispute Resolution analysis: Holroyde J allowed registration in the English courts of a Nigerian judgment for the purposes of enforcement. However, it was limited to the third defendant as the court had no jurisdiction over the first two defendants due to provisions in the State Immunity Act 1978 (SIA 1978). The case raises issues as to which appropriate legislation under which to bring the application as well as the application of the SIA 1978 and more particularly the exclusion in relation to personal injury and property damage in SIA 1978, s 5. or take a trial to read the full analysis.

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