MUTUAL AID SOCIETY LTD VS AKERELE
September 2, 2025Legalpedia Citation: (1965-10) Legalpedia 04580 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Mon Oct 25, 1965
Suit Number: SC 6/1965
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
PARTIES
TOEPHER INC. OF NEW YORK
APPELLANTS
EDOKPOLOR (TRADING AS JOHN EDOKPOLOR AND SONS).
RESPONDENTS
AREA(S) OF LAW
JUDGMENT AND ORDER
SUMMARY OF FACTS
The appellants began an action in the High Court for the sum of £2,142-0s-0d being total award made against the respondent by the Rubber Trade Association of New York, Incorporated’s Board of Arbitrators. The claim was dismissed on the ground that it was founded on a foreign arbitration governed by the laws of the State of New York, United States of America, hence this appeal
HELD
APPEAL ALLOWED
ISSUES
RATIONES DECIDENDI
JUDGMENT OBTAINED IN A FOREIGN
A person who obtained a judgment in a foreign court could bring an action in England upon the judgment. Per Brett JSC
CASES CITED
Yukon Consolidated Gold Corporation Ltd. v. Clark [1938J 2 K.B. (C.A.) 241
Schibsby v. Westenholz (1870) L.R. 6 Q.B. 155,159
Norske Atlas Insurance Co. Ltd. v. London General Insurance Co. Ltd. (1927) 43 T.L.R. 541.
STATUTES REFERRED TO
Foreign Judgments (Reciprocal Enforcement) Act, 1933
