Arrangement of Sections

1. Short title.

2. Definitions.

3. Registration of judgement obtained in the United Kingdom.

4. Certified copy of judgement to be granted.

5. Extension of Act.

2 of 1922,

23 of 1976.

SI 95 of 1975,

72 of 1976.

[Date of commencement: 18th February 1922]

1. Short title.

This Act may be cited as the Reciprocal Enforcement of British Judgements Act.

2. Definitions.

In this Act unless otherwise specified—

"the court" shall mean the Supreme Court;

the expression "judgement" means any judgement or order given or made by a court in any civil proceedings, whether before or after the passing of this Act, whereby any sum of money is made payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgement given by a court in that place;

the expression "original court" in relation to any judgement means the court by which the judgement was given;

the expression "judgement creditor" means the person by whom the judgement was obtained, and includes the successors and assigns of that person;

the expression "judgement debtor" means the person against whom the judgement was given, and includes any person against whom the judgement is enforceable in the place where it was given.

3. Registration of judgement obtained in the United Kingdom.

(1) Where a judgement has been obtained in the High Court of England or of Northern Ireland or in the Court of Session in Scotland, the judgement creditor may apply to the court at any time within twelve months after the date of the judgement, or such longer period as may be allowed by the court, to have the judgement registered in the court, and on any such application the court may, if in all the circumstances of the case it considers it just and convenient that the judgement should be enforced in Seychelles, and subject to the provisions of this section, order the judgement to be registered accordingly.

(2) No judgement shall be ordered to be registered under this section if—

(a) original court acted without jurrisdiction; or

(b) the judgement debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of the original court; or

(c) the judgement debtor, being the defendant in the proceedings, was not duly served with the process of the original court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that court; or

(d) the judgement was obtained by fraud; or

(e) the judgement debtor satisfies the court either that an appeal is pending, or that he is entitled and intends to appeal against the judgement; or

(f) the judgement was in respect of a cause of action which for reasons of public policy or for some other similar reason could not have been entertained by the court.

(3) Registered judgement to be of same effect as though obtained in Seychelles

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