Act No: CAP. 43
Act Title: FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)
SUBSIDIARY LEGISLATION

Order under section 13

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) (EXTENSION OF ACT) ORDER, 1984
[L.N. 135/1984, L.N. 301/1991.]
1.

This Order may be cited as the Foreign Judgments (Reciprocal Enforcement) (Extension of Act) Order, 1984.

2.

The countries specified in the Schedule are declared to be reciprocating countries for the purposes of the Act and the Act shall apply with respect to judgments given by superior courts of those countries.

SCHEDULE

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) RULES, 1984

ARRANGEMENT OF RULES

1.

Citation.

2.

Application for registration.

3.

Evidence in support of application.

4.

Drawing up of order, etc.

5.

Notice of registration.

6.

Application to set aside registration.

7.

Appeal.

Rules under section 15

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) RULES, 1984
[L.N. 132/1984, L.N. 106/2000.]
1.
Citation

These Rules may be cited as the Foreign Judgments (Reciprocal Enforcement) Rules, 1984.

2.
Application for registration
(1)

An application for registration under section 5 of the Act shall be made by originating summons entitled in the matter of the Act and in the matter of the judgment sought to be registered.

(2)

Where the application is made ex parte under section 5(2) of the Act the court may direct that the summons be served upon the judgment debtor.

4.
Drawing up of Order, etc.
(1)

An order giving leave to register a judgment shall be drawn up by or on behalf of the judgment creditor.

(2)

Every 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 after the expiration of that period.

(3)

The period within which an application may be made to set aside registration for the purposes of paragraph (2) shall unless the court extends the period, be fourteen days from the date on which the judgment-debtor is served with a notice of registration where the application was ex parte and in all other cases fourteen days from the date of registration.

5.
Notice of Registration
(1)

Notice of registration of a judgment shall be served on the judgment-debtor.

(2)

Application for substituted service under Order V of the Civil Procedure Rules (Cap. 21, Sub. Leg.) may be made by summons.

(3)

Service of a notice of registration out of the jurisdiction may be made without leave and rules 25 and 26 of Order V of the Civil Procedure Rules shall apply in relation to such a notice as they apply to summons.

(4)

The notice of registration shall be signed by or on behalf of the judgment creditor and shall state—

(a)

full particulars of the judgment registered and the order for registration;

(b)

the name and address of the judgment creditor or of his advocate on whom, and at which, any summons issued by the judgment-debtor may be served;

(c)

the right of the judgment-debtor to apply to have the registration set aside; and

(d)

the period within which an application to set aside the registration may be made.

6.
Application to set aside registration
(1)

An application to set aside the registration of a judgment shall be made by summons in the cause of the application to register and shall be supported by an affidavit.

(2)

Where application is made under section 10(4) of the Act the court may refer the matter to a taxing officer for his certificate of what sum would have been awarded by the High Court.

7.
Appeal

An Appeal shall lie as of right from an order registering or refusing to register judgment.