CORAM

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PARTIES

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HEYDEN PETROLEUM LTD.

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PLANET MARITIME CO.

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AREA(S) OF LAW

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SUMMARY OF FACTS

This is an appeal against the Ruling of the Federal High Court sitting in the Lagos Division, wherein the Appellant’s application to set aside the foreign Judgment registered upon the Order of the Lower Court was dismissed for reasons of incompetence having been initiated by a Motion instead of Petition. Nettled by the decision of the Lower Court, the Appellant filed a Notice of Appeal on the 9th day of May, 2016 and premised on two (2) grounds. The Respondent also filed a Notice of Preliminary Objection.

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HELD

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Appeal Dismissed.

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ISSUES

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Whether the Appellant’s process dated 12th May, 2015 and headed As “APPLICATION TO SET ASIDE THE REGISTRATION 0F FOREIGN JUDGMENTS…” was properly commenced in accordance with the provisions of Section 6 of the Reciprocal Enforcement of Judgment Ordinance, 1958?

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RATIONES DECIDENDI

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PRELIMINARY OBJECTION – DUTY OF COURT TO HEAR AND DETERMINE A PRELIMINARY OBJECTION AND EFFECTS THEREOF WHERE SAME DECIDES THE SUIT OR APPEAL

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“The law is well settled on seemingly endless judicial decisions that where in a suit or an appeal, a preliminary objection is raised, the Court’s duty is to hear and determine the preliminary objection immediately before delving into the main suit or appeal and where a determination of the preliminary objection decides the suit or appeal completely, then the need to determine the main suit or appeal becomes obviated. See: Allanah Vs. Kpolokwu (2016) LPELR- 40724 (SC) PG. 10-11, Paras. D – A and Musa & Anor Vs. Ibrahim (2017) LPELR-43101 (CA) PG.5, Paras. A – D.”

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RECORDS OF APPEAL – DUTY OF A PARTY ALLEGING INCOMPLETE RECORDS OF APPEAL TO FILE THE NECESSARY ADDITIONAL RECORDS

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“In Iroaganachi V. Maduboku & Anor (2016) LPELR-40048 [CA], Pg.27, Paras. D – F, this Court held that:
“Order 8 Rule 6 of the Court of Appeal Rules 2011 says: Where the Respondent considers that there are additional records which may be necessary in disposing of the appeal, he shall be at liberty, within 15 days of the service on him of the Records, to compile and transmit to the Court such records, to be known as the additional records of appeal.”
In the instant case therefore, the Respondent who contends that the Originating Petition is necessary and material to the prosecution of the appeal ought to have filed same within the time allowed by the Rules of Court. Having failed to do so, the Respondent has no moral or legal justification to contend that the absence of the Originating Petition which it considers necessary and material renders the Records of appeal incomplete and consequently incompetent.”

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REGISTRATION OF FOREIGN JUDGMENT – PROCEDURE FOR FILING AN APPLICATION FOR SETTING ASIDE THE REGISTRATION OF A FOREIGN JUDGMENT

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“The decision of this Court has been consistent that the application for setting aside the registration of foreign judgment shall be filed by no other means than a Petition.”

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REGISTRATION OF FOREIGN JUDGMENT – PROPER ORDER A COURT SHOULD MAKE WHERE THE PROCEDURE FOR BRINGING AN APPLICATION FOR THE SETTING ASIDE OF THE REGISTRATION OF A FOREIGN JUDGMENT WAS NOT FOLLOWED

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“In Kabo Air Ltd Vs. The O’ Corporation Ltd (2014) LPELR-23616 (CA) Pg.26, Paras. A – E, this Court similarly held that:
“Although the Court below dismissed the application on the merit, having regard to its discovery that the appellant was bound to bring the application by way of petition, not by motion on notice, vide Rule 12 of the rules of Court which was applied in I.F.C. Vs. D.S.N.L, Offshoire Ltd (Supra) to which the Court below referred and which is binding on the Court below, the appropriate order the Court below should have made was to strike out the application, not dismiss it.”

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CASES CITED

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Not Available

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STATUTES REFERRED TO

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Court of Appeal Rules 2011|Reciprocal Enforcement of Judgment Ordinance, 1958|

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CLICK HERE TO READ FULL JUDGMENT

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