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BRONWEN ENERGY TRADING LIMITED v. CRESCENT AFRICA GHANA LIMITED

(2018) LPELR-43796(CA)

In The Court of Appeal of Nigeria

On Thursday, the 1st day of March, 2018

CA/L/486/2010


Before Their Lordships

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

BRONWEN ENERGY TRADING LTD - Appellant(s)

AND

CRESCENT AFRICA (GHANA) LTD - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on an Application to set aside the Registration of a Foreign Judgment.
FACTS:
This appeal is against the decision of the Federal High Court Lagos Division delivered on 17th November 2009 in SUIT NO. FHC/L/CS/385/2009: CRESCENT AFRICA (GHANA) LIMITED vs. BRONWEN ENERGY TRADING LIMITED. In the said decision of the Federal High Court, the Appellant's applications to set aside the decision of the Court ordering the registration of the foreign judgments the Respondent obtained against the Appellant were dismissed. 

The background facts are that upon the application of Respondent, the Federal High Court on the 5th day of May 2009 made an order registering as a foreign judgment, the judgment which the Respondent obtained against the Appellant on 24th May 2007 at the Superior Court of the Judicature, High Court of Justice, Commercial Division, Accra, Ghana in Suit No. BDC 97/2006. 

Subsequently, on 2nd June, 2009, the Federal High Court, upon the application of the Respondent granted another order registering the judgment which the Respondent obtained against the Appellant on 2nd April, 2007, at the Superior Court of the Judicature, High Court of Justice, Commercial Division, Accra, Ghana in Suit No. BDC97/2006, as a foreign judgment. 

Upon being served with the Notice of Registration of the foreign judgments, the Appellant filed two Motions on Notice wherein it, inter alia, sought extension of time to apply to set aside the order registering the said foreign judgments and for an order setting aside the registration of the foreign judgments. The Motions on Notice which were both filed on 10th June, 2009 are at pages 104 -135 of the Records.

The Federal High Court heard both Motions on Notice together and in a considered Ruling delivered on 17th November 2009, it dismissed the Motions on Notice. The Appellant was dissatisfied and appealed against the said decision to the Court of Appeal. The Respondent filed a preliminary objection challenging the competence of the appeal.

ISSUES:
The Court determined the appeal on the Respondent's preliminary objection challenging the competence of the appeal on the following grounds:

1. The Federal High Court lacked jurisdiction to entertain the Motions on Notice dated 9th and 10th June 2009 which resulted in the Ruling of 17th November 2009, the subject matter of this Appeal.

2. The Motions on Notice dated 9th and 10th June 2009 were incompetent for the purpose of seeking orders to set aside the registration of foreign judgments. 

3. The Federal High Court was not properly seised of the matter which led to the Ruling of 17th November 2009 because it was not approached in accordance with due process of law.

DECISION/HELD:
On the whole, the Court found merit in the Respondent's preliminary objection and accordingly upheld same. The Appeal was therefore struck out.


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