CHAPTER 76 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Judgments (Reciprocal Enforcement) (Gilbert and Ellice Islands Colony) Order
Judgments (Reciprocal Enforcement) (British Solomon Islands Protectorate) Order
Foreign Judgments (Reciprocal Enforcement) Rules
Foreign Judgments (Reciprocal Enforcement) Order
JUDGMENTS (RECIPROCAL ENFORCEMENT) (GILBERT AND ELLICE ISLANDS COLONY) ORDER
[Section 3]
Arrangement of Paragraphs
Paragraph
1. Title
2. Extension of Part II of Act
3. Superior Court for purposes of Part II of Act
GN 29 of 1958.
This Order may be cited as the Judgments (Reciprocal Enforcement) (Gilbert and Ellice Islands Colony) Order.
2. Extension of Part II of Act
It is hereby directed that Part II of the Act shall extend to the Gilbert and Ellice Islands Colony.
3. Superior Court for purposes of Part II of Act
It is hereby further directed that the following court shall be deemed to be a superior court of the said Colony for the purposes of Part II of the Act: Her Britannic Majesty’s High Commissioner’s Court for the Western Pacific.
JUDGMENTS (RECIPROCAL ENFORCEMENT) (BRITISH SOLOMON ISLANDS PROTECTORATE) ORDER
[Section 3]
Arrangement of Paragraphs
Paragraph
1. Title
2. Extension of Part II of Act
3. Superior court for purposes of Part II of Act
GN 30 of 1958.
This Order may be cited as the Judgments (Reciprocal Enforcement) (British Solomon Islands Protectorate) Order.
2. Extension of Part II of Act
It is hereby directed that Part II of the Act shall extend to the British Solomon Islands Protectorate.
3. Superior court for purposes of Part II of Act
It is hereby further directed that the following court shall be deemed to be a superior court of the said Protectorate for the purposes of Part II of the Act: Her Britannic Majesty’s High Commissioner’s Court for the Western Pacific.
FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) RULES
[Section 5]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Application for registration
4. Evidence in support of application
5. Security for costs
6. Title of affidavit and summons
7. Order on application for registration
8. Register of judgments
9. Notice of registration
10. Endorsement of service
11. Application to set aside registration
12. Issue of execution
{mprestriction ids="2,3,5"}
13. Form of writ of execution
14. Determination of certain questions
15. Certified copy of High Court judgment
16. Rules to have effect subject to Orders
[Rules by the High Court]
GN 68 of 1958,
GN 303 of 1964,
SI 152 of 1965.
These Rules may be cited as the Foreign Judgments (Reciprocal Enforcement) Rules.
In these Rules, unless the context otherwise requires—
“Order” means a statutory order made under section 3 of the Act.
[Am by GN 303 of 1964.]
3. Application for registration
An application under section 3 of the Act to have a foreign judgment to which Part II of the Act applies registered in the High Court may be made ex parte to the court or a Judge.
4. Evidence in support of application
(1) An application for registration shall be supported by an affidavit of the facts—
(a) exhibiting a certified copy of the judgment issued by the original court and authenticated by its seal and a translation of the judgment certified by a notary public or authenticated by affidavit;
(b) stating to the best of the information and belief of the deponent-
(i) that the applicant is entitled to enforce the judgment;
(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or if the judgment has been satisfied in part, what the amount is in respect of which it remains unsatisfied;
(iii) that at the date of the application the judgment can be enforced by execution in the country of the original court;
(iv) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 6 of the Act;
(c) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration;
and shall be accompanied by such other evidence with respect to the matters referred to in sub- paragraph (iii) of paragraph (b) or paragraph (c) as may be required having regard to the provisions of the Order extending the Act to the country of the original court.
(2) Where the sum payable under the judgment is expressed in a currency other than the currency of the Republic, the affidavit shall also state the amount which that sum represents in the currency of the Republic calculated at the rate of exchange prevailing at the date of the judgment.
(3) The affidavit shall also state the full name, title, trade or business and the usual or last known place of abode or of business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.
(4) Where a judgment is in respect of different matters, and some, but not all of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit shall state the provisions in respect of which it is sought to register the judgment.
[Am by GN 303 of 1964; SI 152 of 1965.]
Save as otherwise provided by any relevant Order, the court or a Judge may, in respect to an application for registration, order the judgment creditor to find security for the costs of the application and of any proceedings which may thereafter be brought to set aside the registration.
[Am by GN 303 of 1964.]
6. Title of affidavit and summons
The affidavit, if any, shall be intituled:
In the matter of the Foreign Judgments (Reciprocal Enforcement) Act, and in the matter of a judgment of the ……………(describing the court) obtained in………………………….. (describing the cause or matter) and dated the ……………..day of ................................... 20........
7. Order on application for registration
(1) An order giving leave to register a judgment shall be drawn up by, or on behalf of, the judgment creditor.
(2) No such order shall require to be served on the judgment debtor.
(3) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that execution on the judgment will not issue until the expiration of that period.
(4) The court or a Judge may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, grant an extension of the period (either as originally fixed or as subsequently extended) during which an application to have the judgment set aside may be made.
There shall be kept in the Principal Registry of the High Court at Lusaka by, or under the direction of, the Registrar a register of the judgments ordered to be registered under the Act.
(1) Notice in writing of the registration of a judgment must be served on the judgment debtor-
(a) if within the jurisdiction, by personal service as in the case of a writ of summons, unless some other mode of service is ordered by the court or a Judge;
(b) if out of the jurisdiction, in accordance with the rules applicable to the service of a writ of summons out of jurisdiction, save that special leave to serve out of the jurisdiction shall not be required.
(2) The notice of registration shall state—
(a) full particulars of the judgment registered and the order for registration; and
(b) the name and address of the judgment creditor or his solicitor or agent on whom, and at which, any summons issued by the judgment debtor may be served; and
(c) the right of the judgment debtor to apply on the grounds provided in the Act to have the registration set aside; and
(d) in accordance with the terms of the order giving leave to register, within what time from the date of service of the notice an application to set aside may be made.
(1) Within three days from the day of service or within such extended period as may, in special circumstances, be allowed by order of a Judge, the notice or a copy or duplicate thereof shall be endorsed by the person serving the same with the day of the month and of the week on which service was effected, and, if the notice is not so endorsed, the judgment creditor shall not be at liberty to issue execution on the judgment without the leave of the court or a Judge.
(2) Every affidavit of service of any such notice shall state on what day such endorsement was made.
11. Application to set aside registration
(1) An application to set aside the registration of a judgment shall be made by summons to the court or a Judge supported by affidavit.
(2) A summons for the purpose of this rule shall be an ordinary summons entitled in the same manner as the affidavit referred to in rule 6.
(3) On any such application, the court or a Judge may direct that an issue between the judgment creditor and the judgment debtor shall be stated and tried and may give such directions in relation to the trial of such issue as may be necessary.
(1) Execution shall not issue on a registered judgment until after the expiration of the period which, in accordance with the provisions of rule 7 (3), is specified in the order giving leave to register as the period within which an application may be made to set aside the registration, or, if an order is made extending the period so specified, until after the expiration of the extended period.
(2) If an application is made to set aside the registration of a judgment, execution shall not issue until such application has been disposed of.
(3) The party desirous of issuing an execution upon a registered judgment shall produce to the proper officer an affidavit of the service of the notice of registration and of any order made by the court in relation to the judgment registered.
In the case of a registered judgment the form of a writ of execution shall be varied as follows—
For the words “which said sum of money and interest were lately before us in the High Court for Zambia”, etc., there shall be substituted the words “which said sum of money and interest were lately in (describing the court in which judgment was obtained)”, etc., “and which judgment has been duly registered in the High Court for Zambia pursuant to Part II of the Foreign Judgments (Reciprocal Enforcement) Act”.
[Am by SI 152 of 1965.]
14. Determination of certain questions
If, whether under the Act or under these Rules, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under the foreign judgment under the law of that country, that question shall be determined in accordance with such provisions, if any, in that behalf, as are contained in the Order extending the Act to that country.
[Am by GN 303 of 1964.]
15. Certified copy of High Court judgment
(1) An application under section 12 of the Act for a certified copy of a judgment obtained in the High Court shall be made ex parte to the Registrar on an affidavit made by the judgment creditor or his solicitor.
(2) An affidavit for the purposes of this rule shall-
(a) give particulars of the proceedings in which the judgment was obtained; and
(b) have annexed to it a copy of the writ of summons or the originating summons by which the proceedings were instituted, the evidence of service thereof upon, or appearance by, the defendant, copies of the pleadings, if any, in the proceedings, and a statement of the grounds on which the judgment was based; and
(c) state whether the defendant did or did not object to the jurisdiction, and if so, on what grounds; and
(d) show that the judgment is not subject to any stay of execution and that no notice of appeal against it has been entered, and whether the time for appealing has expired; and
(e) state the rate at which the judgment carries interest.
(3) Where an application for a certified copy of judgment is duly made under this rule, there shall be issued an office copy of the judgment sealed with the seal of the High Court and certified by the Registrar as follows:
I certify that the above copy judgment is a true copy of a judgment obtained in the High Court for Zambia and this copy is issued in accordance with section 12 of the Foreign Judgments (Reciprocal Enforcement) Act.
Signed .......................................................
Registrar of the High Court.
together with the following further certificates also under the seal of the High Court and certified by the Registrar:
(a) a certificate giving particulars of the proceedings in which the judgment was obtained and having annexed to it copies of the writ of summons, or originating summons, by which the proceedings were instituted, showing the manner in which the writ or summons was served on the defendant, or that the defendant appeared thereto, and the objections made to the jurisdiction, if any, the pleadings, if any, in the proceedings, a statement of the grounds on which the judgment was based and such other particulars as it may be necessary to give to the foreign tribunal in which it is sought to obtain execution of the judgment;
(b) a certificate stating the rate at which the judgment carries interest.
[Am by SI 152 of 1965.]
16. Rules to have effect subject to Orders
These Rules shall, in relation to any judgment, have effect subject to any such provisions contained in the Order extending the Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made in relation to matters for which provision is made by these Rules.
[Am by GN 303 of 1964.]
FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDER
[Section 9]
Arrangement of Paragraphs
Paragraph
1. Title
2. Application of Part II of Act to Her Britannic Majesty’s dominions
GN 28 of 1958,
SI 152 of 1965.
This Order may be cited as the Foreign Judgments (Reciprocal Enforcement) Order.
2. Application of Part II of Act to Her Britannic Majesty’s dominions
It is hereby directed that Part II of the Act shall apply to Her Britannic Majesty’s dominions and to judgments obtained in the courts of the said dominions as it applies to foreign countries and to judgments in the courts of foreign countries.
[Am by SI 152 of 1965.]
_____________________________________
{/mprestriction}