Introduction
A wise
saying has it that, no man is an island, hence human interaction becomes
necessary. The dynamic nature of this social interaction being what is
occasionally brings about disputes or disagreements. To mend these disputes or
disagreements, civilized societies in a bid to make life meaningful put some
instruments in place. One of such instruments is law.1 By the
instrumentality of law, an aggrieved party normally goes to court of competent
jurisdiction2 seeking for redress. One of the duties of court in this
circumstance is to make order or declaration3 as per the rights and the duties
of the parties involved.
The matter
does not however end with the court pronouncing its judgment,4
recognition5 and enforcement6 of the court‟s judgment are the next procedures.
Apart from declaratory judgments that are not enforceable,7 other
forms of judgment8 may need some form of compliance or the other in order to be
realized. Otherwise, the successful litigant, called the judgment creditor, may
have secured a pyrrhic victory.
If the party
against whom judgment is given, called the judgment debtor willingly complies
with the terms of the judgment, there will be no problem. But more often than
not, the judgment debtor does not willingly comply with the terms of the
judgment. Thus, there arises the need to compel him to do so through execution
or enforcement procedure. This conforms to the general principle of law that
judgment or order of the court must as far as possible be obeyed or complied
with. Otherwise the authority of the court would be diminished and the legal
order would suffer a breakdown.9 Again, if the enforcement or execution is to
be carried out, in the jurisdiction or country in which the judgment is given,
no much problem would arise. But a much more challenging circumstance showcases
itself where the judgment creditor only after his success in the case realizes
that, the fruit of his labour has to be satisfied abroad.
The question
is, can judgment given by the court of one country be enforced by the court of
another? This necessitates the study of feasibility of enforcing foreign
judgment. Enforcement of foreign judgment is not a new phenomenon. It has long
existed as a topic in the sphere of private international law. Besides the Rule
of Common law, it is regulated by bilateral treaties10 or multilateral
international conventions.11 This area of the law has gained
prominence, at least of late, because of the advent of the internet and the age
of globalization. Increase in cross border business transactions would
naturally cause an upshot in litigation. This in turn would require national or
municipal courts to decide whether a judgment or order obtained in a foreign
country should be recognized or allowed to be enforced in their own country.
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In Nigeria and the United Kingdom, it
is well settled under both the common law and statutes12 that the foreign
judgment sought to be enforced must satisfy certain requirements as
precondition to its enforcement or recognition. The most essential of all the
requirements for recognizing or enforcing foreign judgment is that the foreign
court which rendered the judgment sought to be enforced is one of competent
jurisdiction in the international sense.13
TOPIC: A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 75
Price: 3000 NGN
In Stock

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