JUDGMENTS (FOREIGN) (RECIPROCAL ENFORCEMENT) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

PART I
Registration of Foreign Judgments

   3   Power to extend Part I to foreign countries giving reciprocal treatment

   4   Application for, and effect of, registration of foreign judgment

   5   Rules of Court

   6   Cases in which registered judgments must, or may be set aside

   7   Powers of registering Court on application to set aside registration

   8   Foreign judgments which can be registered not to be enforceable otherwise

   9   Power to apply Part I to Commonwealth

 

PART II
Miscellaneous and General

   10   General effect of certain foreign judgments

   11   Power to make foreign judgments unenforceable in Jamaica if no reciprocity

   12   Issue of certificates of judgments obtained in Jamaica

 

THE JUDGMENTS (FOREIGN) (RECIPROCAL ENFORCEMENT) ACT

[Date of Commencement: 11th June, 1936]

Cap 184.

1   Short title

   This Act may be cited as the Judgments (Foreign) (Reciprocal Enforcement) Act.

2   Interpretation

   (1) In this Act-

   "appeal" includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;

   "country of the original Court" means the country in which the original Court is situated;

   "judgment" means a judgment or order given or made by a Court in any civil proceedings, or a judgment or order given or made by a Court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party;

   "judgment creditor" means the person in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

   "judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original Court;

   "judgment given in the Supreme Court of Jamaica" means judgments given in the Supreme Court and includes judgments given in any Court on appeals against judgments so given;

   "original Court" in relation to any judgment means the Court by which the judgment was given;

   "prescribed" means prescribed by rules of court;

   "registration" means registration under Part I and the expressions "register" and "registered" shall be construed accordingly;

   "registering Court" in relation to any judgment means the Court to which an application to register the judgment is made.

   (2) For the purposes of this Act, the expression "action in personam" shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters, that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy, or guardianship of infants.

PART I
Registration of Foreign Judgments

3   Power to extend Part I to foreign countries giving reciprocal treatment

   (1) The Governor-General in Council, 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 Supreme Court of Jamaica, may by order 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 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.

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