Federal Government of Nigeria & Anor v Louis Emovbira Williams

Federal Government of Nigeria & Anor v Louis Emovbira Williams

The claim to set aside the default judgment is not abusive as the claimants did not allege fraud in earlier proceedings nor take a deliberate decision not to do so; the claimants' pursuit of the present claim is permitted under the principles established in Takhar and related authorities.

Parties
Claimant: Federal Government of Nigeria; Claimant: Attorney General of the Federal Government of Nigeria; Defendant: Louis Emovbira Williams
Jurisdiction
England and Wales
Judgment Date
05 August 2025
Procedural Posture
Civil / Ruling on Application to Strike Out Claim
Outcome
application to strike out dismissed; claim allowed to proceed
Legal Topics
Setting Aside Default Judgment, Abuse of Process, Fraudulent Misrepresentation, State Immunity, Res Judicata
Civil Procedure Fraud State Immunity Setting Aside Default Judgment Abuse of Process Fraudulent Misrepresentation Res Judicata

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Parties

Federal Government of Nigeria

Claimant

Attorney General of the Federal Government of Nigeria

Claimant

Louis Emovbira Williams

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim to set aside the default judgment is an abuse of process under Henderson v Henderson principles
  2. 2 Whether the default judgment was obtained by fraud
  3. 3 Whether the claimants took a deliberate decision not to allege fraud or investigate suspected fraud in earlier proceedings

Ratio Decidendi

The claim to set aside the default judgment is not abusive as the claimants did not allege fraud in earlier proceedings nor take a deliberate decision not to do so; the claimants' pursuit of the present claim is permitted under the principles established in Takhar and related authorities.

Court Disposition

application to strike out dismissed; claim allowed to proceed

Orders

  • Dr Williams’ application to strike out is dismissed.
  • The claimants’ claim to set aside the default judgment is allowed to continue.