Foreign Judgments Reciprocal Enforcement Act

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT. ARRANGEMENT OF SECTIONS Section PART I INTERPRETATION. 1. Interpretation. PART II REGISTRATION OF FOREIGN JUDGMENTS. 2. Power to extend Part II of this Act to foreign countries giving reciprocal treatment. 3. Application for, and effect of, registration of foreign judgment. 4. Rules of court. 5. Cases in which registered judgments must, or may, be set aside. 6. Powers of registering court on application to set aside registration. 7. Foreign judgments which can be registered not to be enforceable otherwise. 8. Application to Commonwealth. PART III MISCELLANEOUS AND GENERAL. 9. General effect of certain foreign judgments. 10. Power to make foreign judgments unenforceable in Uganda if no reciprocity. 11. Issue of certificates of judgments obtained in Uganda. 12. Saving. CHAPTER 9 FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT. Commencement : 20 February, 1961.

certificates of judgments obtained in Uganda. 12. Saving. CHAPTER 9 FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT. Commencement : 20 February, 1961.

An Act to make provision for the enforcement in Uganda of judgments given in foreign countries which accord reciprocal treatment to judgments given in Uganda, for facilitating the enforcement in foreign countries of judgments given in Uganda, and for other purposes in connection with the matters aforesaid. PART I INTERPRETATION. 1. Interpretation.

ign countries of judgments given in Uganda, and for other purposes in connection with the matters aforesaid. PART I INTERPRETATION. 1. Interpretation.

(1) In this Act, unless the context otherwise requires— ( a ) "appeal" includes any proceeding by way of discharging or setting aside of a judgment or an application for a new trial or a stay of execution; ( b ) "country of the original court" means the country in which the original court is situated; ( c ) "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; ( d ) "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; ( e ) "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; ( f ) "judgments given in the superior courts of Uganda" means judgments given in the High Court, and includes judgments given in any courts on appeals against any judgments so given; ( g ) "original court" in relation to any judgment means the court by which the judgment was given; ( h ) "prescribed" means— (i) in the case of a fee, prescribed by rules made under the Judicature Act; and (ii) in any other case, prescribed by rules of court made under this Act; ( i ) "registering court" in relation to any judgment means the court to which an application to register the judgment is made; ( j ) "registration" means registration under Part II of this Act, and the expressions "register" and "registered" shall be construed accordingly.

de; ( j ) "registration" means registration under Part II of this Act, and the expressions "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, guardianship of infants or the care of, or the administration of the estates of, persons of unsound mind. PART II REGISTRATION OF FOREIGN JUDGMENTS. 2. Power to extend Part II of this Act to foreign countries giving reciprocal treatment. (1) The Minister, if he or she is satisfied that, in the event of the benefits conferred by this Part of this Act 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 superior courts of Uganda, may by statutory order direct— ( a ) that this Part of this Act 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 of this Act.

ourts of that foreign country as are specified in the order shall be deemed superior courts of that country for the purposes of this Part of this Act.

(2) Any judgment of a superior court of a foreign country to which this Part of this Act 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 of this Act applies, if— ( a ) it is final and conclusive as between the parties to the judgment; and ( b ) there is payable under the judgment 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 coming into operation of the order directing that this Part of this Act shall extend to that foreign country. (3) For the purposes of this section, a judgment shall be deemed to be This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article. Home | About Us |--> Terms & Conditions | Privacy Statement | Publishing Services | Contact Us Sitemap --> --> Copyright 2019. Blackhall Publishing. All Rights Reserved. Design and Developed By : Indiafin Technologies Ltd .