By:
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Fabamise | Sesan |
INTRODUCTION
Nigerian rules of recognition are based essentially on common law rules. Unsatisfied foreign judgements often give rise to problems of private international law. For it happens frequently that a plaintiff who has obtained a judgement in a country where the judgement debtor has insufficient or no property to satisfy the judgement may wish to levy execution on the debtor’s property in a foreign country where he is resident. However owing to the principle of territorial sovereignty a judgement delivered in one country has no inherent force, in the absence of international agreement, in other countries.
Consequently a successful plaintiff cannot levy execution on the property found in another country. Since the protection of rights acquired under foreign system of law is one of the essential objectives of private international law, the common law has long recognised the need to give effect to foreign judgements under certain conditions. Thus a foreign judgement will be recognised and enforced in some circumstances if certain conditions are fulfilled.
It should be noted that although the rules for recognition and enforcement are essentially the same they deserve separate treatment. This section will be devoted to discussion of recognition of foreign judgements while the next section will be on enforcement of such judgements. It should also be noted that even though all judgements require recognition, to be given effect in other jurisdictions, some judgements are inappropriate or incapable of enforcement. In this latter category fall judgements and decrees affecting status, such as divorce or custody decrees.