Davidson Iriekpen
9 July 2009
Lagos — The Court of Appeal in Lagos, yesterday, ruled on the controversy surrounding the burial of the former military governor of Lagos State, late Commodore Gbolahan Mudasiru , as it held that his widow, Foluke Mudasiru, was the legally recognised trustee of her late husband's will.
In a unanimous decision, which is an affirmation of the judgment of high court, Chancery Division , England, the court set aside the judgment of Justice Ishola of Lagos High Court and held that the decisions contained in the London judgment were valid and competent.
Foluke, had through an ex-parte application, applied to a Lagos High Court for an order that the foreign judgment in suit No HCO3CO3621 delivered on October 29, 2003 by Judge Master , Seager Berry , be registered as the judgment of the court, but her application was refused by the court.
However, the Court of Appeal in its lead judgment delivered by Justice Isa Ayo Salami, held that the trial judge misconceived the issue when he held that the foreign judgment registered was materially different from the one obtained in England simply because the application to register the foreign judgment was not headed in the capacity in which the respondents sued in England.
"The decision of the trial judge that because the application to register the judgment and its orders were not brought in the capacity the respondents sued in England meant falsification of judgments is not only erroneous but also preposterous.
"The court in England did not accord them (respondents) the status of personal representative of the decease. So having refused the capacity in which the respondents approached it, it is not respectfully within the competence of the court registering the judgment to insist on appellant reflecting that status on her process", the court held.
Justice Salami further held that the posture of the lower court amount to sitting on appeal on foreign judgment saying " I did not find a provision in the Reciprocal Enforcement of Judgment Act Cap 175 and I was equally not directed to one by the respondents vesting the registering court with power of review."
It would be recalled that the Respondents, namely, Ibrahim Abdulahi, Ladi Cole, Olufunmilayo Coker, Olusola Sowemimo and A C Mkparu had paraded themselves as trustees and executor of late Commodore Mudasiru estate They had challenged the appellant, Folake Mudasiru of her decision to bury her late husband in London, , at a London high court.
The court in its judgment dismissed the application.
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