£33 million judgment from Federal Court of Nigeria, unenforceable in UK


Re: Agbara v The Shell Petroleum Development Company of Nigeria Limited [2019] EWHC 3340 (QB)

This case discusses the setting aside of the registration of a judgment of the Federal Court of Nigeria for damages worth approximately £33m, before interest, under the Administration of Justice Act 1920, s9. This would mean that the judgment was not enforceable in the UK.

Held: appeal allowed and the registration of judgment will be set aside. The applicant suffered a serious breach of natural justice through being prevented from presenting its defence to the claim, and such a breach would ordinarily lead to the conclusion that it is not “just and convenient” for the judgment to be registered. It would not be just and convenient for the judgment to be enforced in the UK.

Antony White QC was involved in this case.