The Appellant is a foreigner who has been residing in Nigeria since 1986.

He together with 2 other persons who resided outside Nigeria guaranteed a loan from the Respondent to a company called Constante Trading Limited based in Channel Island. The loan was to be repaid by the Company in accordance with the terms and conditions set out in the deed of guarantee and the company defaulted. The Respondent sued the Appellant and the other 2 guarantors jointly and severally in High Court, Queen’s Bench Division Commercial Court in England and obtained judgment on the 19th of December, 1995 against them jointly and severally for the sum of five million five hundred thousand U.S. Dollars (US$5,500,000.00) with interest in accordance with the deed of guarantee.

On the 28th of August, 1997, the Respondent by an Exparte petition applied to the Lagos High Court for leave to register the said judgment and by an order made on 8th of September, 1997, Alabi J, granted leave and the judgment was accordingly registered as a foreign judgment. By a petition on notice filed on 22nd of October, 1997 the Appellant applied to set aside the said registration on the grounds that it was not in accordance with the relevant law and was contrary to public policy in Nigeria. The petition was heard by the learned trial judge who on 6th of February, 1998 dismissed it and held that the judgment was validly registered. The Appellant appealed to the Court of Appeal against that order, but his appeal was dismissed and he appealed further to this Court.