AN APPRAISAL OF THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA UNDER PRIVATE INTERNATIONAL LAW
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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of law, Ebonyi state University Journal
Abstract
In the course of the relationship between individuals, conflicts are bound to arise which might eventually be resolved by the courts. Therefore, where a judgement is awarded to either of the parties in conflicts situations it is pertinent to have rules that will guide the recognition and enforcement of the judgment in another country. These paper appraises the recognition and enforcement of foreign judgment in Nigeria, looking at the attitude of the courts towards recognising and enforcing foreign judgment and its legal framework. Adopting a doctrinal approach using content analysis method and historical documentation the contribution shows how much effect foreign judgment has on the Nigerian courts in view of how they are recognised and enforced. The paper concludes that the courts should be proactive in breaking new grounds and developing the jurisprudence on enforcement of foreign judgment in Nigeria. It recommends that a midst existing conflicts, the judges are urged to turn judicial activism to take care of the lacunas pending the legislative intervention in order to minimize the negatives of conflict of laws.
Description
Keywords
Enforcement, Judgement, Jurisdiction, International law
Citation
Ebonyi State University Law Journal