Versions

 

173. Application for, and effect of, registration of judgment of a recognised court

Past version: effective from 17/12/2015 - 18/04/2017
To view other versions open the versions tab on the right

(1) A judgment creditor in respect of a judgment which is registerable pursuant to section 172(1) may apply to the Court of First Instance 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 proceeding, to register the judgment in the Courts.
(2) Subject to subsection (3), on any application made under subsection (1), the Court of First Instance —
(a) shall, subject to proof of the prescribed matters, register the judgment; and
(b) in determining such an application, will not re-examine the merits of the judgment.
(3) 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.
(4) Subject to the provisions of this Chapter with respect to the setting aside of registration and subject also to subsection (5) —
(a) a registered judgment shall, for the purposes of enforcement, 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 Court of First Instance shall have the same control over the enforcement of a registered judgment,
as if the judgment had been a judgment originally given in the Court of First Instance and entered on the date of registration.
(5) Where any party has made an application to have the registration of a judgment set aside, the judgment shall not be enforced until after the application has been finally determined.
(6) If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall only be registered in respect of the balance payable at that date.
(7) If, on an application for registration of a judgment, it appears to the Court of First Instance that the judgment is in respect of different matters and that 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 judgment may be registered in respect of those provisions only.
(8) In addition to the sum of money payable under the judgment of the original court, including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.