ENFORCEMENT OF FOREIGN JUDGMENTS ordinance

Arrangement of Sections

1. Short title and date of operation.

PART I

REGISTRATION OF FOREIGN JUDGMENTS

2. Power to extend Part I 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 other.

8. Application of Part I to Her Majesty's Realms and Territories outside Ceylon.

PART II

MISCELLANEOUS AND GENERAL

9. General effect of certain foreign judgments.

10. Power to make foreign judgments unenforceable in Ceylon if no reciprocity.

11. Issue of certificates of judgments obtained in Ceylon.

12. Interpretation.

4 of 1937.

AN ORDINANCE to make provision for the enforcement in Ceylon of judgments given in countries which accord reciprocal treatment to judgments given in Ceylon, for facilitating the enforcement in other countries of judgments given in Ceylon and for other purposes in connection with the matters aforesaid.

[Date of Commencement: , 1937]

1. Short title and date of operation.

This Ordinance may be cited as the Enforcement of Foreign Judgments Ordinance, and shall come into operation on such date (Not in operation on 31 December, 2001.) as the Minister shall appoint by Order published in the Gazette.

PART I

REGISTRATION OF FOREIGN JUDGMENTS

2. Power to extend Part I to foreign countries giving reciprocal treatment.

(1) The Minister, 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 superior courts of Ceylon, may by Order published in the Gazette 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 to be 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 coming into operation 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 Minister may by a subsequent Order vary or revoke any Order previously made under this section.

3. Application for and effect of registration of foreign judgment.

(1) A person, being a judgment-creditor under a judgment to which this Part applies, may apply to the registering court at any time within six years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the registering court and on any such application the court shall, subject to proof of the prescribed matters and to the other provisions of this Ordinance, order the judgment to be registered: Provided that a judgment shall not be registered if at the date of the application—

(a) it has been wholly satisfied; or

(b) it could not be enforced by execution in the country of the original court.

(2) Subject to the provisions of this Ordinance with respect to the setting aside of registration—

(a) a registered judgment shall, for the purposes of execution, be of the same force and effect; and

(b) proceedings may be taken on a registered judgment; and

(c) the sum for which a judgment is registered shall carry interest;and

(d) the registering court shall have the same control over the execution of a registered judgment, as if the judgment had been a judgment originally given in the registering court and entered on the date of registration:

Provided that execution shall not issue on the judgment so long as, under this Part and the rules of court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside, or, where an application is made, until after the application has been finally determined.

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