CHAPTER 8
RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
G.Ns. Nos.
8 of 1936
9 of 1936
1. This Order may be cited as the Reciprocal Enforcement of Foreign Judgements (Extension of Part II) Order.
2. Part II of the Reciprocal Enforcement of Foreign Judgements Act shall extend to the countries specified in the first column of the Schedule.
3. The courts of the countries specified in the second column of the Schedule shall be deemed superior courts of those countries for the purpose of Part.
SCHEDULE
Country | Courts |
Lesotho | The Court of Resident Commissioner |
Botswana | Any Court of an Assistant Commissioner or Magistrate. |
Lanca | The Supreme Court. |
Any District Court. |
|
Mauritius | The Supreme Court |
New South Wales | The Supreme Court. |
Zambia | The High Court. |
Seychelles | The Supreme Court. |
Somalia | The Protectorate Court. |
Zimbabwe | The High Court. |
Kingdom of Swaziland | The Special Court. |
United Kingdom | The High Court of England. |
The Court of Session in Scotland. |
|
The High Court in Northern Ireland. |
|
Palatine of Lancaster. |
|
The Court of Chancery of the Country. |
|
Palatine of Durham. |
RULES
(Section 5)
{mprestriction ids="1,2,3"}
G.N. No. 15 of 1936
1. Short title
These Rules may be cited as the Reciprocal Enforcement of Foreign Judgements Rules.
2. Application for registration
An application under section 4 of the Reciprocal Enforcement of Judgements Act (hereinafter referred to as "the Act") to have a foreign judgement to which Part II of the Act applies registered in the High Court may be made ex parte to a judge in chambers.
3. 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 judgement issued by the original court and authenticated by its seal and a translation of the judgement 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 judgement;
(ii) as the case may require, either that at the date of application the judgement has not been satisfied or, if the judgement 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 judgement can be enforced by execution in the country of the original court;
(iv) that, if the judgement 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 judgement up to the time of registration,
and shall be accompanied by such other evidence with respect to the matters referred to in subparagraph (iii) of paragraph (b) or paragraph (c) as may be required having regard to the provisions contained in the Order of the President extending the Act to the country of the original court.
(2) Where the sum payable under the judgement is expressed in a currency other than the currency of the United Republic, the affidavit shall also state the amount which that sum represents in the currency of the United Republic calculated at the rate of exchange prevailing at the date of the judgement.
(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 judgement creditor and the judgement debtor, respectively, so far as known to the deponent.
(4) Where a judgement is in respect of different matters and some, but not all, of the provisions of the judgement are such that, if those provisions had been contained in separate judgements, those judgements could properly have been registered, the affidavit shall state the provisions in respect of which it is sought to register the judgement.
4. Security for costs
Save as otherwise provided by any relevant Order of the President a judge may, in respect of an application for registration made to him, order the judgement creditor to find security for the costs of the application and of any proceedings which may thereafter be brought to set aside the registration.
5. Title of affidavit
The title of the affidavit referred to in Rule 5 shall be–
"In the matter of the Reciprocal Enforcement of Foreign Judgements Act, and in the matter of a judgement of the (describing the Court) obtained in (describing the cause or matter) and dated the .......... day of ....., 20........)"
6. Order on application for registration
(1) An order granting leave to register a judgement shall be drawn up by, or on behalf of, the judgement creditor.
(2) No order under this rule shall be required to be served on the judgement debtor.
(3) Every order under this rule shall state the period within which an application may be made to set aside the registration and shall contain a notification that execution of the judgement will not issue until after the expiration of that period.
(4) 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 judgement set aside may be made.
7. Register of judgements
There shall be kept in the registry of the High Court by, or under the direction of, the Registrar a register of the judgements ordered to be registered under the Act.
8. Notice of registration
(1) Notice in writing of the registration of a judgement shall be served on the judgement debtor–
(a) if within the jurisdiction, by personal service as in the case of a summons, unless some other mode of service is ordered by a judge;
(b) if out of the jurisdiction, in accordance with the rules applicable to the service of a summons out of the jurisdiction, unless some other mode of service is ordered by a judge.
(2) The notice of registration shall state–
(a) full particulars of the judgement registered and the order for registration;
(b) the name and address of the judgement creditor or of his advocate or agent on whom, and at which, any summons issued by the judgement debtor may be served; and
(c) the right of the judgement debtor to apply on the grounds provided in the Act to have the registration set aside;
(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.
9. Endorsement of service
(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 its duplicate 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, an application for execution of the judgement may be refused by the judge to whom it is made.
(2) Every affidavit of service of a notice shall state on what day the endorsement was made.
10. Application to set aside registration
(1) An application to set aside the registration of a judgement shall be made to a judge in chambers by summons supported by affidavit.
(2) A summons for the purpose of this rule shall be entitled in the same manner as the affidavit referred to in rule 5.
(3) On an application, the judge may direct that an issue between the judgement creditor and the judgement debtor shall be stated and tried and may give such directions in relation to the trial of the issue as may be necessary.
11. Issue of execution
(1) Execution of a registered judgement shall not issue judgement until after the expiration of the period which, in accordance with the provisions of rule 6(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 judgement execution shall not issue the application has been disposed of.
(3) An application for execution of a registered judgement shall not be granted unless the judge to whom it is made is satisfied by affidavit that the notice of registration and of any order made by a judge in relation to the judgement has been served on the judgement debtor.
12. Forms in execution proceedings
Except as otherwise provided in the Act or these Rules, the rules of the High Court, including forms, relating to proceedings in execution of a decree of the High Court shall apply to and be used in proceedings in execution of a judgement registered under the Act with the substitution for the words in any of such forms "decree of this court dated the ........... day of ......................", or the like words, of the words "judgement of ......." (describing the court in which the judgement was obtained) "dated the .......... day of ............., which judgement has been duly registered in the High Court pursuant to Part II of the "Reciprocal Enforcement of Foreign Judgements Act" and with such other variations as the circumstances of each case may require.
13. Determination of certain questions
If, whether under the Act or under these Rules, any question arises whether a foreign judgement can be enforced by execution in the country of the original court, or what interest is payable under the foreign judgement 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 of the President extending the Act to that country.
14. Issue of certificates of judgements obtained in High Court
(1) An application under section 12 of the Act for a certified copy of a judgement obtained in the High Court shall be made ex parte to the Registrar on an affidavit made by the judgement creditor or his advocate.
(2) An affidavit for the purposes of this rule shall–
(a) give particulars of the proceedings in which the judgement was obtained;
(b) have annexed to it a copy of the summons or other process 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 judgement was based;
(c) state whether the defendant did or did not object to jurisdiction, and, if so, on what grounds;
(d) show that the judgement 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 judgement carries interest.
(3) Where an application for a certified copy of a judgement is made under this rule, there shall be issued an official copy of the judgement sealed with the seal of the High Court and certified by the Registrar as follows–
"I certify that this is a true copy of a judgement obtained in the High Court of Tanzania and this copy is issued in accordance with section 12 of the Reciprocal Enforcement of Foreign Judgements Act.
Signed .........................................................
Registrar of the High Court of Tanzania",
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 judgement was obtained and having annexed to it copies of the summons or other process by which the proceedings were instituted, showing the manner in which the summons or other process was served on the defendant, or that the defendant appeared thereto, the objections made to the jurisdiction, the pleadings, in the proceedings, a statement of the ground on which the judgement 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 judgement;
(b) a certificate stating the rate at which the judgement carries interest.
15. Rules to have effect subject to Orders
These Rules shall, in relation to any judgement, have effect subject to the provisions of any Order of the President extending the Act to the country of the original court.
16. Fees
The fees set out in the Schedule shall be payable in respect of the matters set out in that Schedule.
SCHEDULE
FEES
[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]
(Rule 16)
On application for registration of a judgement or to set aside registration, including filing of an affidavit in support of application.
On any order made on such application.
In respect of any other matter or proceeding the same fee shall be payable as is payable under the Rules providing for the payment of fees in matters before the High Court in respect of similar matters or proceedings. {/mprestriction}