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

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

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.

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