Agbara & Ors v The Shell Petroleum Development Company of Nigeria Ltd & Ors [2019] EWHC 3340 (QB) (05 December 2019)

Agbara & Ors v The Shell Petroleum Development Company of Nigeria Ltd & Ors [2019] EWHC 3340 (QB) (05 December 2019)

The registration of the Nigerian judgment was set aside because Shell suffered a serious breach of natural justice by being prevented from presenting its defence, making it not just and convenient to enforce the judgment in the UK under s. 9(1) AJA. There was no pending appeal within s. 9(2)(e) AJA, and the appellate process in Nigeria did not cure the breach.

Citation
[2019] EWHC 3340 (QB)
Parties
Claimants: Chief Isaac Osaro Agbara, Chief Victor Obari, Chief Humphery Ogiti, Chief F. N. Ogusu, Chief John N. Oguru, Hon. Joseph Ogosu, Chief G. O. Nnah, Chief George O. Osaro, Chief Adanta Obelle, Mrs Laleoka Ejii (for themselves and on behalf of the Ancient 'Onne Eh Ejama' Stool-in-Council, Chiefs, Elders, Men, Women and Children of Ejama-Ebubu in Tai Eleme Local Government Area of Rivers State); Defendants: The Shell Petroleum Development Company of Nigeria Limited, Shell International Petroleum Company Limited, Shell International Exploration and Production BV
Jurisdiction
England and Wales
Judgment Date
05 December 2019
Procedural Posture
Application to Set Aside Registration of Foreign Judgment / High Court (queen's Bench Division) Decision on Application
Outcome
Application allowed; registration of Nigerian judgment set aside.
Legal Topics
Enforcement of Foreign Judgments, Natural Justice, Registration of Foreign Judgments, Breach of Procedural Fairness
Private International Law Civil Procedure Enforcement of Foreign Judgments Natural Justice Registration of Foreign Judgments Breach of Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Chief Isaac Osaro Agbara, Chief Victor Obari, Chief Humphery Ogiti, Chief F. N. Ogusu, Chief John N. Oguru, Hon. Joseph Ogosu, Chief G. O. Nnah, Chief George O. Osaro, Chief Adanta Obelle, Mrs Laleoka Ejii (for themselves and on behalf of the Ancient 'Onne Eh Ejama' Stool-in-Council, Chiefs, Elders, Men, Women and Children of Ejama-Ebubu in Tai Eleme Local Government Area of Rivers State)

Claimants

The Shell Petroleum Development Company of Nigeria Limited, Shell International Petroleum Company Limited, Shell International Exploration and Production BV

Defendants

Procedural Posture

Application to Set Aside Registration of Foreign Judgment / High Court (queen's Bench Division) Decision on Application

Legal Issues

  1. 1 Whether registration of Nigerian judgment should be set aside under s. 9 Administration of Justice Act 1920 due to pending appeal or breach of natural justice
  2. 2 Whether it is just and convenient to enforce the judgment in the UK
  3. 3 Whether the quantum of the registered judgment is excessive or includes unenforceable punitive damages

Ratio Decidendi

The registration of the Nigerian judgment was set aside because Shell suffered a serious breach of natural justice by being prevented from presenting its defence, making it not just and convenient to enforce the judgment in the UK under s. 9(1) AJA. There was no pending appeal within s. 9(2)(e) AJA, and the appellate process in Nigeria did not cure the breach.

Court Disposition

Application allowed; registration of Nigerian judgment set aside.

Orders

  • Order of Master Eastman registering the judgment is set aside.