Nigerian court registers $3.5m UK court judgment against Nigerian couple as damages over business dealings
By Jeph Ajobaju, Chief Copy Editor
A court in Lagos has ordered the registration of a United Kingdom court judgment of more than $3.5 million in damages awarded against Nigerian businessman, Adeniyi Makanjuola, and his wife, Oludarafunmi Clarissa Makanjuola.
The order was given by Serifat Sonaike of the Lagos State High Court sitting in Tafawa Balewa Square (TBS) on the island.
The original 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 the Makanjuolas.
The UK court on 22 April 2024 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 SAN, Clement Onwuenwunor filed an ex parte application on 24 July 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 urged the Lagos State High Court to register the UK court judgment and grant any further reliefs the court deemed appropriate.
Supporting documents included a 30-paragraph affidavit of urgency sworn by Andre Khury and a written address adopted by Onwuenwunor at hearing.
He argued that the judgment satisfied all the statutory requirements for recognition in Nigeria.
Addition supporting documents included a four-paragraph affidavit dated 5 August 2024, containing a Worldwide Freezing Order issued in the UK, dated 26 July 2024, and another affidavit dated 6 August 2024, which attached the certified true copies (CTCs) of the UK court proceedings and judgment.
The court adopted the sole issue raised in the petitioner’s written address as to whether the petitioner was entitled to have the UK court judgment registered in Nigeria.
Citing the Reciprocal Enforcement of Judgments Ordinance (1958) and the Foreign Judgments (Reciprocal Enforcement) Act, Cap. F35, LFN 2004, Sonaike found that all legal criteria have been met.
The judge held that the UK court was competent, the Makanjuolas 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 has lapsed, with no pending appeal.
The court granted leave for the registration of the UK court judgment in favour of 9089900 Canada Inc. against Sovereign Finance Holdings Limited and the Makanjuolas.
A judgment summons was also filed, seeking the imprisonment of the Makanjuolas until they satisfy the judgment debt.
Read also:
2Baba formally introduces fiancée Natasha to townsfolk in sign of imminent wedding
