Lagos court registers $3.5m UK judgment against Nigerian couple
Justice Serifat Sonaike of the Lagos State High Court sitting at Tafawa Balewa Square has ordered the registration of a United Kingdom judgment awarding over $3.5m in damages against Nigerian businessman, Mr Adeniyi Makanjuola and his wife, Mrs Oludarafunmi Clarissa Makanjuola.
The judgment, delivered by Judge Pelling KC of the High Court of Justice, Business and Property Courts of England and Wales, stemmed from Claim No. LM-2023-000109, filed by 9089900 Canada Inc. against Sovereign Finance Holdings Limited and Makanjuolas.
On April 22, 2024, the UK court awarded $3,522,919.08 in damages, plus £144,428.66 in additional damages, £53,986.45 in legal costs, and post-judgment interest at 8 per cent per annum.
Seeking to enforce the judgment in Nigeria, 9089900 Canada Inc., represented by Stanley Imhanruor and Senior Advocate of Nigeria, Clement Onwuenwunor, filed an ex parte application on July 24, 2024.
The application relied on 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.
In their motion, the petitioners requested the Lagos State High Court to register the UK judgment and grant any further relief the court deemed appropriate.
The supporting documents included a 30-paragraph affidavit of urgency sworn by Andre Khury and a written address adopted by Onwuenwunor during the hearing.
He argued that the judgment satisfied all the statutory requirements for recognition in Nigeria.
Additional filing included a four-paragraph affidavit dated August 5, 2024, containing a UK-issued Worldwide Freezing Order dated July 26, 2024, and another affidavit dated August 6, 2024, which attached certified copies of the UK judgment and proceedings.
Justice Sonaike adopted the sole issue raised in the petitioner’s written address as to whether the petitioner was entitled to have the UK judgment registered in Nigeria.
Relying on the Reciprocal Enforcement of Judgments Ordinance (1958) and the Foreign Judgments (Reciprocal Enforcement) Act, Cap. F35, LFN 2004, the court found that all legal criteria had been met.
The judge held that the UK court was competent, the Makanjuolas had submitted to its jurisdiction, and there was no evidence of fraud or procedural irregularities.
She also noted that the time for appeal in the UK had lapsed, with no pending appeal.
Accordingly, the court granted leave for the registration of the UK judgment in favour of 9089900 Canada Inc. against Sovereign Finance Holdings Limited and Makanjuolas.
A judgment summons was also filed, seeking the imprisonment of the Makanjuolas until they satisfied the judgment debt.
