Mauritius
Foreign Judgments (Reciprocal Enforcement) Act
Act 35 of 1961
- Commenced on 28 October 1961
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act.2. Interpretation
In this Act—"appeal" includes any proceeding by way of discharging or setting aside a judgment, or an application for a new trial or a stay of execution;"Commonwealth" means all those territories of which the Queen is recognised as the Head;"country of the original Court" means the country in which the original Court is situate;"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;"judgments given in the superior Courts of the United Kingdom" means judgments given in the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, the Court of Chancery of the County Palatine of Lancaster or the Court of Chancery of the County Palatine of Durham, and includes judgments given in any Court on appeal against any judgments so given;"original Court", in relation to any judgment, means the Court by which the judgment was given;"personal action" does not include matrimonial causes or any proceedings in connection with matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy or guardianship of infants;"prescribed" means prescribed by Rules of Court;"registration" means registration under Part I;"registering Court", in relation to any judgment, means the Court to which an application to register the judgment is made.Part I – Registration of foreign judgments
3. Extension of Part I to foreign countries
4. Registration of foreign judgments
5. Rules of Court
6. Registered judgments
7. Powers of registering Court
8. Foreign judgments which can be registered
No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which this Part applies, other than proceedings by way of registration of the judgment, shall be entertained by any Court in Mauritius.Part II – Application to Commonwealth countries
9. Application of Part I to Commonwealth
10. Modification in relation to Commonwealth
Where a Proclamation is made extending Part I to a part of the Commonwealth to which the Reciprocal Enforcement of Judgments Act extends, Part I shall, in relation to that part of the Commonwealth, have effect as if—Part III – Miscellaneous
11. General effect of certain foreign judgments
12. Power where no reciprocity
13. Certificates of judgments obtained in Mauritius
History of this document
30 June 2017 this version
Consolidation
28 October 1961
Commenced