ADVOKS GLOBAL · KENYA
Foreign Judgments (Reciprocal Enforcement) Act
4. Jurisdiction
Edition: 2022-12-31 · In force
4. Jurisdiction
(1)In proceedings in which it is necessary for the purposes of this Act to determine whether a court of another country had jurisdiction to adjudicate upon a cause of action, that court shall, subject to subsection (2), be treated as having had jurisdiction, where—(a)the judgment debtor, being the defendant in the original court, submitted to the jurisdiction of the court by voluntarily appearing in the proceedings;(b)the judgment debtor was plaintiff, or counterclaimed, in the proceedings in the original court;(c)the judgment debtor, being the defendant in the original court, had, before the commencement of the proceedings, agreed otherwise than in pursuance of some statutory requirement, in writing or by an oral agreement confirmed in writing, to submit, in respect of the subject matter of the proceedings or in respect of disputes of the kind which were the subject matter of the proceedings, to the jurisdiction of the original court or of any other court of the country of the original court;(d)the judgment debtor, being the defendant in the original court, was, at the time when the proceedings were instituted, habitually resident in the country of the court or, not being a natural person, had its place of incorporation or its principal place of business in that country, or, if unincorporated, had its headquarters there;(e)the judgment debtor, being the defendant in the original court, had an office or place or business in, or, not being a natural person, had a branch (other than a subsidiary corporation) in, the country of that court and the proceedings in that court were in respect of a transaction effected, or an occurrence arising from business carried out, by, through or at that office, place or branch;(f)the judgment debtor, being the defendant in the original court, was conducting business within the country of the original court (otherwise than through a subsidiary corporation), had appointed an agent there to receive service or process in respect of that business and the proceedings in that court were in respect of a transaction effected in connection with, or of an occurrence arising from, that business;(g)in the case of a claim arising out of a contract, the obligation which was the subject of the proceedings was, or was to be, wholly or mainly performed in the country of the original court;(h)in the case of a judgment given in an action in rem or any other action to determine rights of ownership, use or possession in immovable property or tangible movable property, the property in question was, at the institution of the proceedings in the original court, situated in the country of that court; or(i)in the case of an action to recover damages for physical injury to the person, or the death of a person, or for damage to tangible property, the circumstances giving rise to injury, death or damage substantially occurred in the country of the original court or the injury or damage was suffered in that country.(2)A court shall not be treated as having had jurisdiction under subsection (1)—(a)where by reason of the subject matter of the proceedings, exclusive jurisdiction thereto was, under the rules of private international law of Kenya, vested in the courts or authorities of a country other than that of the original court;(b)by reason only of the fact that the judgment debtor, being the defendant in the original court, appeared (conditionally or otherwise) in the proceedings for all or any of the following purposes—(i)to contest the jurisdiction of the court;(ii)to invite the court in its discretion not to exercise its jurisdiction;(iii)to protect, or obtain the release of, property seized or threatened with seizure in those proceedings;(c)where the judgment debtor was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not appear otherwise than for the purpose of contesting the jurisdiction of the court.(3)A finding of fact made (expressly or by implication) by the original court in the proceedings in which the judgment was given and on the basis of which jurisdiction was assumed in those proceedings shall—(a)if the judgment debtor appeared in those proceedings and did not contest the jurisdiction of the original court, be conclusive evidence of the fact found; and(b)in any other case be sufficient proof of that fact unless the contrary is shown.