A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA AND UNITED KINGDON: A CASE FOR CYBER JURISDICTION

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Abstract


Under Private International Law, enforcement of foreign judgment or its
recognition is the whole mark of every proceeding. Without them, this spare of
law will make little or no sense at all and international transactions will suffer a
setback. They serve as guarantee that an act adjudged wrong by the court of
competent jurisdiction in one state will same effect in other state. This research
work intends to make comparative analysis of the conditions and procedures of
enforcing foreign judgment as well as making case for cyber jurisdiction. Using
doctrinal method of research, the comparative analysis of the conditions and
procedures of enforcing judgments in Nigeria and United Kingdom was conducted.
The research work also makes case for determination of jurisdiction of court to
preside over internet cases. The research finds that, the legal regime on the
subject in Nigeria has limited scope compared to that of the United Kingdom and
the fact that presently no effective solution for the challenge of cyber jurisdiction
is achieved yet. The research recommends that, the minister in Nigeria should give
effect to section 3 of the Foreign Judgment (Reciprocal Enforcement) Act Cap. F35
L. F. N .2004. The Hague Convention on Recognition and Enforcement of Foreign
Judgments should be amended with the hope that, if these and other
recommendations are adopted enforcement of judgment in both Nigeria and the
United Kingdom will be guaranteed and simpler.

CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY
A wise saying has it that, no man is an island, hence human interaction becomes
necessary. The dynamic nature of this social interaction being what is occasionally brings about
disputes or disagreements. To mend these disputes or disagreements, civilized societies in a bid
to make life meaningful put some instruments in place. One of such instruments is law.
1 By the
instrumentality of law, an aggrieved party normally goes to court of competent jurisdiction
2
seeking for redress. One of the duties of court in this circumstance is to make order or
declaration
3 as per the rights and the duties of the parties involved.
The matter does not however end with the court pronouncing its judgment,
4 recognition5
and enforcement6 of the court‟s judgment are the next procedures. Apart from declaratory
judgments that are not enforceable,
7 other forms of judgment8 may need some form of
compliance or the other in order to be realized. Otherwise, the successful litigant, called the
judgment creditor, may have secured a pyrrhic victory.

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