GROSVENOR CASINOS LTD V. GHASSAN HALALOUI

CORAM

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JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT

JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT

JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT

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PARTIES

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GROSVENOR CASINOS LTD APPELLANTS

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GHASSAN HALALOUI

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The respondent had issued a cheque in favor of the appellant drawn on a bank in the UK as satisfaction of a debt but on presentation, the cheque was dishonored. The respondent paid part but couldn’t pay the ret. The appellant obtained judgment against the respondent under the undefended list at the High Court of Justice in England.

The appellant sought to execute the judgment in Ibadan. The trial judge granted the application. The respondent successfully appealed to the Court of Appeal, hence this appeal by the appellant.

 

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HELD

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Appeal dismissed

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ISSUES

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1.Whether or not the court below came to the right conclusion on the interpretation of the applicable law ?

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RATIONES DECIDENDI

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WHEN REGISTRATION OF A FOREIGN JUDGMENT WILL BE SET ASIDE

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A registration of any foreign judgment made under Section 4 of the 1990 Act, will be set aside, if the said Foreign Court, had no Jurisdiction or deemed not to have such Jurisdiction, if inter alia, the Judgment Debtor, did not submit to the Jurisdiction of the trial English Court by voluntarily appearing and participating in the proceedings before that Court or that he was resident in or that he owned any property within that Jurisdiction. Per OGBUAGU, JSC

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PURPOSE OF AN APPEAL

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What an appeal has to declare, is whether the decision of the Court below, was/is right. If the Judgment of a Court is correct, it is not liable to reversal merely because it was anchored on a wrong reason or Law. Per OGBUAGU, JSC

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CASES CITED

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1. Ayeni & 3 Ors. v. Sowemimo (1982) 5 S.C. (Reprint) 29;29;(1982) NSCC 104,

2. Onajobi v. Olanipekun (1985) 4 S.C. (pt.II) 156 at 163

3. Odukwe v. Mrs. Ogunbiyi (1998)6 S.C. 72;(1998) 8 NWLR 339

 

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STATUTES REFERRED TO

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Foreign Judgments (Reciprocal Enforcement) Act, Cap. 152 Laws of the Federation of Nigeria, 1990   ?

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