Justice Serifat Sonaike of a Lagos State High Court, sitting at Tafawa Balewa Square, has granted an application to register a United Kingdom judgment for enforcement in Nigeria.
The judgment, delivered by Judge Pelling KC of the High Court of Justice, Business and Property Courts of England and Wales, awarded $3,522,919.08 in damages against businessman, Mr. Adeniyi Makanjuola and his wife, Mrs. Oludarafunmi Makanjuola.
The April 22, 2024, judgment in Claim No. LM-2023-000109 arose from a suit filed by 9089900 Canada Inc. against Sovereign Finance Holdings Limited and the Makanjuolas.
In addition to the $3.5 million or its sterling equivalent at the time of payment, the UK court awarded £144,428.66 in additional damages, £53,986.45 in legal costs, and post-judgment interest at 8 percent per annum.
9089900 Canada Inc., through its counsel, Stanley Imhanruor and Clement Onwuenwunor, SAN, filed an ex-parte application on July 24, 2024, under Section 3(1) of the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation and Lagos (1958), and Rule 1(1) of the relevant court rules.
The petitioner sought leave to register the UK judgment as one of the Lagos High Court and requested any further reliefs the court deemed appropriate.
In support of the application, the petitioner filed a 30-paragraph affidavit of urgency deposed to by Andre Khury, along with a written address adopted by Onwuenwunor at the hearing.
He argued that all legal requirements for recognition of the foreign judgment had been satisfied.
Further affidavits submitted include a four-paragraph affidavit dated August 5, 2024, containing a “Worldwide Freezing Order” issued by the UK court on July 26, 2024, and another affidavit dated August 6, 2024, attaching certified copies of the UK judgment and court proceedings.
Justice Sonaike adopted the sole issue raised in the petitioner’s written address, whether the petitioner was entitled to have the UK judgment registered in Nigeria.
Relying on the Reciprocal Enforcement of Judgments Ordinance, Cap. 175 (1958), and the Foreign Judgments (Reciprocal Enforcement) Act, Cap. F35, LFN 2004, the court found that the judgment met all registration requirements.
The court held that the UK judgment was issued by a competent court, that the respondents had voluntarily submitted to its jurisdiction, and that there was no evidence of fraud or procedural defects. The court also noted that the time to appeal in the UK had expired and no appeal was pending.
Justice Sonaike consequently ordered the registration of the UK judgment in favour of 9089900 Canada Inc. against Sovereign Finance Holdings Limited and the Makanjuolas.
A judgment summons has since been filed seeking the imprisonment of the Makanjuolas until the judgment sum is paid.
