Joseph lasala and aremisoft liquidating trust
The Appeal judge referred to the principles emerging from the English case law stretching that as fraudulent schemes increasingly involve international dealings, and as the ease with which assets may be transferred abroad increases, the worldwide Mareva order becomes an increasingly invaluable tool which may be used to assist victims of international fraud.
The reason for the shift away from previous courts' practices by the Court of Appeal is in full accord with the line laid down by the English case law which seems to have been the realization that modem technological progress had made it extremely easy for defendants to transfer their assets with the minimum delay and effort, and that the new situation required a judicial response to the growing number of calls for action to be taken in order to restrain defendants from hiding assets abroad beyond the reach of plaintiffs.4.17 Not only in Cyprus has the wind of extension of territorial limit of Mareva injunction blown.
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This power depends noton the territorial jurisdiction of the Court over assets in England but on theunlimited jurisdiction of the English Court in personam against any person whether an individual who or a corporation which is, under English procedure, properly made a party to proceedings in the English Court.
(2014) 12 NWLR (PT.1422) PAGE 575 @ 599 PARAGRAPHS A-C, the Court of Appeal,whilst considering the power of Court to grant mareva injunction over assets outside the jurisdiction of the Court held thus; “Furthermore, in common law jurisdiction, the Court is empowered to grant interim reliefs including freezing injunction of mareva injunctions, where proceedings between the same parties are pending in the other Courts including Courts ofother Countries.
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This is, unarguably the position in England, the origin of Nigerian Legal system. Ltd & 3 Ors – Motion for mareva orders the assets are outside the jurisdiction of this Honourable Court but in beneficialownership of the Defendants and the reliefs in this application are sought inpersonam as against the Defendants who are parties in a suit pending before this Court.