Legalpedia Citation: (2013-01) Legalpedia (SC) 21813
In the Supreme Court of Nigeria
Fri Jan 18, 2013
Suit Number: SC.99/2004
CORAM
PARTIES
VAB PETROLEUM INC. APPELLANTS
MR MIKE MOMAH
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants in this case by a motion on notice sought the registration of the judgment of the United Kingdom’s High Court of Justice. The High Court granted the application. The ruling was however set aside on appeal to the Court of Appeal. A further appeal was made to the Supreme Court by the appellants. A cross appeal was also presented by the respondents.
HELD
The main appeal partially succeedsCross appeal allowed
ISSUES
1. Whether the London’s Queens Bench Division Commercial Court have jurisdiction to entertain this suit?
2. Whether the trial court was lacking jurisdiction over the cause ab initio given that its order of registration of the subject foreign judgment was made several (13)months after expiration of the 12months (from date of delivery) provided for by the applicable law i.e. Reciprocal Enforcement of Judgment Act 1922 CAP. 175 Laws of the Federation and Lagos 1958?
RATIONES DECIDENDI
FINDING OF FACTS BY A TRIAL COURT.
“In a trial, there are generally two sets of finding facts:
A finding of fact may be based on the credibility of witnesses or may be informed from other facts proved before the trial court. Where a witness gives direct evidence, that is the evidence of the facts in issue as seen, heard or perceived by any other sense by him. (Section 77 of the Evidence Act). The finding of the trial court on such evidence depends on whether it believes that witness (credibility of the witness). such a finding on such evidence is a primary finding of fact i.e. the way the witness testifies, his demeanor in the box tells much of his credibility. The trial court that saw and heard the witness is in the best position to access his credibility and make findings of primary facts. But, where on the other hand, other facts are put in evidence from which the facts in issue can be inferred, or where a witness gave circumstantial evidence, the finding of the trial court on the facts in issue depends on inference. This is secondary finding of fact as it is not based on the credibility of the witness but on logical process of inference”- Per I.T Muhammad JSC
CASES CITED
Ebba v. Ogodo & Anor ?(1984) 4 sc 75Akintola v. Olowa (1962) 1 All NLR 224Fatoyinbo v. Williams (1956) 1 FSC 87
STATUTES REFERRED TO
Section 6 of the Foreign Judgment (Reciprocal Enforcements) Cap 152 of the LFN, 1990?