Court Registers UK Judgment in $3.5m Debt Case Against Businessman Makanjuola, Others
Justice Serifat Sonaike of the Lagos State High Court, sitting at Tafawa Balewa Square, has granted an application to register and enforce a UK judgment in Nigeria.
The judgment, delivered by Judge Pelling KC of the High Court of Justice, Business and Property Courts of England and Wales, awarded $3,522,919.08 in damages against businessman Mr. Adeniyi Makanjuola and his wife, Mrs. Oludarafunmi Clarissa Makanjuola.
It also included £144,428.66 in additional damages, £53,986.45 in legal costs, and post-judgment interest at 8% per annum.
The April 22, 2024 ruling in Claim No. LM-2023-000109 arose from a suit filed by 9089900 Canada Inc. against Sovereign Finance Holdings Limited, Mr. Adeniyi Makanjuola, and Mrs. Oludarafunmi Makanjuola.
Through their counsel, Stanley Imhanruor and Clement Onwuenwunor SAN, the Canadian firm filed an ex parte application on July 24, 2024, seeking to register the UK judgment in Nigeria under Section 3(1) of the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation and Lagos (1958), and Rule 1(1) of the relevant court rules.
Supporting the application was a 30-paragraph affidavit of urgency deposed to by Andre Khury, as well as a written address adopted by Onwuenwunor during the hearing.
He argued that all legal requirements for recognising the foreign judgment had been satisfied.
Further documents included a four-paragraph affidavit dated August 5, 2024, attaching a “Worldwide Freezing Order” issued by the UK court on July 26, and an August 6 affidavit containing certified copies of the UK judgment and related proceedings.
In her ruling on August 9, 2024, Justice Sonaike adopted the sole issue raised in the petitioner’s written address – whether the petitioner was entitled to have the UK judgment registered in Nigeria.
Relying on the Reciprocal Enforcement of Judgments Ordinance, Cap. 175 (1958), and the Foreign Judgments (Reciprocal Enforcement) Act, Cap. F35, LFN 2004, the court found that the judgment met all statutory requirements.
Justice Sonaike held that the UK court had jurisdiction, the respondents had voluntarily submitted to it, and there was no evidence of fraud or procedural irregularities.
She also noted that the time for appeal in the UK had lapsed, with no pending appeal.
Accordingly, she ordered the registration of the UK judgment in favour of 9089900 Canada Inc. against Sovereign Finance Holdings Limited and the Makanjuolas.
In a 19-paragraph affidavit in support of the judgment summons, deposed to by Andre Khury, CEO of the judgment creditor, he affirmed that the April 22 UK judgment awarded the sums jointly and severally against the respondents.
Despite this, he said, the respondents had failed or refused to satisfy the judgment.
Khury noted that demand letters were issued on August 14, 2024, yet the judgment debt remains unpaid.
He added that the Makanjuolas are Nigerian citizens – possess assets and means within the court’s jurisdiction but have deliberately failed to honour the judgment.
He urged the court to compel payment, stating that without such enforcement, the judgment debtors were unlikely to comply, as they had shown no intention to pay since the judgment was issued.
