Before Their Lordships
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Between
VAB PETROLEUM INC. –Appellant
AND
MR. MIKE MOMAH –Respondent
…………………….A…………………….
I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): By a Motion on Notice before the High Court of Lagos State (trial court), the judgment creditor/applicant, prayed the trial court for the following reliefs:
i. “an order to have the judgment of the United Kingdom’s High Court of Justice, Queen’s Bench Commercial Court Division, London, in suit No. 1991 Folio No.1048 between parties hereto, registered in this Honourable court for execution.
ii. such order(s) as this Honourable Court may deem fit to make in the circumstances.”
After having evaluated the affidavit evidence placed before him by the parties, the learned trial judge, Adeniji, J., granted the application to register the said United Kingdom judgment. Dissatisfied with the Ruling of the trial court, the judgment debtor/respondent, appealed to the Court of Appeal, Lagos Division (court below) in Appeal No. CA/L/133/93 on (4) four grounds of appeal as contained in the Amended Notice of Appeal filed on 25/11/96 (p.194 – 197 of the Record of Proceedings). There was again filed another appeal No. CA/L/256/96 as contained in the Notice and Grounds of Appeal (pages 38 – 41 of the Record of Appeal).
This latter appeal was against the Ruling of the learned trial judge on the ex-parte motion of 30/4/96 wherein the learned trial judge made some orders on the judgment sum as found by the London Queen’s Bench Division of Commercial Court; interest rates payable etc.
