RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAW

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dc.contributor.authorAISHA KERA, FARIDA
dc.date.accessioned2014-02-07T10:13:17Z
dc.date.available2014-02-07T10:13:17Z
dc.date.issued2008-06
dc.descriptionA THESIS SUBMITTED TO THE POST-GRADUATE SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA IN PARTIAL FULFILMENT OF THE REQUIREMENT OF MASTER OF LAWS (LL.M) DEGREE JUNEen_US
dc.description.abstractABSTRACT Judgment or order of the court is meant to be effected or enforced. So that justice will be seen to have been done, any failure to effect or enforce such judgment will be nothing but travesty of justice. For example where a plaintiff brings an action against the defendant in Nigeria for damages for breach of contract or for tort, and eventually obtains judgment, only to discover that the defendant has surreptitiously removed his assets to England, so that the Nigerian judges can not enforce the judgment. The question here is must he begin all over again and bring a fresh action against the defendant in England? Or what happens to the judgment? Currently, the answer is no to both questions. The law has provided an avenue where the plaintiff can now pursue the judgment to England, for the court in England to authenticate and coarse the defendant to comply with the judgment. This in conflict of laws parlance is what is known as recognition and enforcement of foreign judgment. In an application for the recognition and enforcement of a foreign judgment to an English or Nigerian court the court is obliged to find out and be sure that the judgment was not obtained by fraud and that the trial court had jurisdiction to have tried the case and that the judgment of that court was final and conclusive. However, even in this circumstances the Nigerian court by virtue of the provision of the foreign judgment (Reciprocal enforcement) Act laws of the federation of Nigeria Cap F35 2004, the judgment shall only be recognized or enforced if it is obtained from a superior court of a country which the minister is satisfied shall give the same treatment to Nigerian judgment. The above explanation is what recognition and enforcement of foreign judgment is all about and where a judgment is entered in his favour he can pursue the judgment to a foreign jurisdictionen_US
dc.identifier.urihttp://hdl.handle.net/123456789/632
dc.language.isoenen_US
dc.subjectRECOGNITIONen_US
dc.subjectENFORCEMENTen_US
dc.subjectFOREIGN JUDGMENTen_US
dc.subjectUNDER PRIVATEen_US
dc.subjectINTERNATIONAL LAWen_US
dc.titleRECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT UNDER PRIVATE INTERNATIONAL LAWen_US
dc.typeThesisen_US
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