Appellant (an alien who has resided in Nigeria since 1986) is a judgment debtor arising from a judgment of the Queen's Bench division of the High Court of England in the sum of $5.500.000 with interest.

Judgment was obtained against the appellant judgment debtor and one Mr. Francisco Nazareth, an alien, being liability arising out of a contract of guarantee to secured a loan in favour of one of the judgment creditor's customers by name Constante Trading Ltd. - a non -resident company.

Appellant along with two others (both non resident aliens) guaranteed a loan to be granted to Constante trading Ltd. of 7 New Street St. Peter Port, Guernesy, Channel Islands by the respondent i.e. Raiffeisen Zentral Bank Osterreich Akiengesel Schaft (RZB) of Austria.

The customer defaulted and the respondent caused a writ to be issued against the three guarantors on the 4th day of May 1995. Judgment was entered in favour of respondent (RZB) against 2 of the guarantors.

aRespondent then applied for leave of the High Court of Lagos State of Nigeria to register the said judgment in Nigeria.

Alabi J. of Lagos State High Court granted leave to the respondent to register the judgment but appellant by a petition filed on 22/10/97 sought to set aside the registration of the said foreign judgment.

The learned trial Judge dismissed the petition to set aside the registration of the foreign judgment.

Dissatisfied with the ruling the appellant appeal to the Court of Appeal.