178. General effect of certain judgments
(1) Subject to subsections (2) and (3), a judgment to which this Chapter applies shall be recognised in any Court as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counter-claim in any such proceedings.
(2) This section shall not apply in the case of any judgment —
(a) where the judgment has been registered and the registration has been set aside on some ground other than —
(i) in the case of a recognised foreign court, that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satisfied; or
(iii) that, at the date of the application, the judgment could not be enforced by execution in the country of the original court; or
(b) where the judgment has not been registered, it is shown (whether it could have been registered or not) that if it had been registered, the registration would have been set aside on an application for that purpose on some ground other than one of the grounds set out in paragraph (a).
(3) Nothing in this section shall be taken to prevent any Court recognising any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognised before the passing of these Regulations.
|Amended on April 19, 2017|