LEGAL PRINCIPLE: CIVIL PROCEDURE — Enforcement of Foreign Judgments — Applicable Law Where No Ministerial Order Made — Section 10(a) of Foreign Judgments (Reciprocal Enforcement) Act
PRINCIPLE STATEMENT
Notwithstanding any other provision of the Act, a judgment given before the commencement of an order under section 3 applying Part I to the foreign country may be registered within twelve months from the date of the judgment or such longer period as may be allowed by a superior court in Nigeria.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Macaulay v. Raiffeisen Zentral Bank Osterreich Akiengesellschaft (RZB) of Austria (2003) NLC-1092002(SC) at p. 4; Paras A–C.
"Notwithstanding any other provision of this Act — (a) a judgment given before the commencement of an order under section 3 of this Act applying Part I of this Act to the foreign country where the judgment was given may be registered within twelve months from the date of the judgment or such longer period as may be allowed by a superior court in Nigeria."
EXPLANATION / SCOPE
The twelve-month limitation period applies for foreign judgments. The principle applies to enforcement of foreign judgments. The court may extend time. The rule is statutory. The party must register within the period. The principle is well-established.