FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT
Arrangement of Sections
1. Short title
REGISTRATION OF FOREIGN JUDGMENTS
3. Power to extend Part II to foreign countries giving reciprocal treatment
4. Application for, and effect of, registration of foreign judgment
5. Rules of court
6. Cases in which registered judgments must, or may, be set aside
7. Powers of registering court on application to set aside registration
8. Foreign judgments which can be registered not to be enforceable otherwise
9. Power to apply Part II to British dominions, protectorates and mandated territories
10. Interpretation of Part II
11. General effect of certain foreign judgments
12. Power to make foreign judgments unenforceable in the Republic if no reciprocity
13. Issue of certificates of judgments obtained in the Republic
to make provision for the enforcement in the Republic of judgments given in foreign countries which accord reciprocal treatment to judgments given in the Republic, for facilitating the enforcement in foreign countries of judgments given in the Republic and for other purposes in connection with the matters aforesaid.
[16th July, 1937]
Act 5 of 1937,
Act 12 of 1959,
Act 41 of 1960.
GN 303 of 1964,
GN 497 of 1964.
SI 152 of 1965.
This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act.
(1) In this Act, unless the context otherwise requires—
“appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;
“country of the original court” means the country in which the original court is situated;
“judgment” means a judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party;
“judgment creditor” means the person in whose favour the judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;
“judgment debtor” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original court;
“original court”, in relation to any judgment, means the court by which the judgment was given;
“prescribed” means prescribed by rules of court;
“registering court”, in relation to any judgment, means the court to which an application to register the judgment is made;
“registration” means registration under Part II, and “register” and “registered” shall be construed accordingly.
(2) For the purposes of this Act, the expression “action in personam” shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters, that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy or guardianship of infants.
[S 2 am by GN 303 of 1964; SI 152 of 1965.]
REGISTRATION OF FOREIGN JUDGMENTS
(1) The President, if he is satisfied that, in the event of the benefits conferred by this Part being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the High Court, may by statutory order direct—
(a) that this Part shall extend to that foreign country; and
(b) that such courts of that foreign country as are specified in the order shall be deemed superior courts of that country for the purposes of this Part.
(2) Any judgment of a superior court of a foreign country to which this Part extends, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Part applies, if—
(a) it is final and conclusive as between the parties thereto; and
(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and
(c) it is given after the commencement of the order directing that this Part shall extend to that foreign country.
(3) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.
(4) The President may by a subsequent statutory order vary or revoke any order previously made under this section.
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