FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT

Section 3: Power to extend Part I of Act to foreign countries giving reciprocal treatment

1961Section 3 of 13Federal Republic of Nigeria

(1) The Minister of Justice if he is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts in Nigeria, may by order direct-
(a) that this Part of this Act shall extend to that foreign country; and
(b) that such courts of that foreign country as are specific in the order shall be deemed superior courts of that country for the purposes of this Part of this Act.
(2) Any judgment of a superior court of a foreign country to which this Part of this Act extends, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Part of this Act applies, if-
(a) it is final and conclusive as between the parties thereto; and
(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and
(c) it is given after the coming into operation of the order directing that this Part of this Act shall extend to that foreign country, or if it is a judgment to which section 10 of this Act applies.
(3)
For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.
(4) The Minister of Justice may by a subsequent order vary or revoke any order previously made under this section.

Cite this section

Section 3, FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT (1961).

https://repo.podus.ai/laws/foreign-judgments-reciprocal-enforcement-act/section/3/