ADVOKS GLOBAL · KENYA
Foreign Judgments (Reciprocal Enforcement) Act
5. Application
Edition: 2022-12-31 · In force
5. Application
(1)Where a judgment to which this Act applies has been given in a designated court, the judgment creditor may apply to the High Court to have that judgment registered within six years of the date of the judgment or, where there have been proceedings by way of appeal against the judgment, of the date of the last judgment in the proceedings.(2)An application may be made under subsection (1) ex parte in any case in which—(a)the judgment debtor—(i)was personally served with process in the original action; or(ii)though not personally served, appeared in the original court otherwise than for one or more of the purposes set out in section 4(2)(b); and(b)under the law in force in the country of the original court, the time within which an appeal may be made against the judgment has expired and no appeal is pending or an appeal has been heard and disposed of.(3)Where an application is made under subsection (1) ex parte, the court hearing the application, instead of allowing it, may direct a summons to be issued, but if no such direction is given notice of the registration of the judgment made on the application shall be served upon the judgment debtor in accordance, mutatis mutandis, with Order 5 of the Civil Procedure Rules (sub. leg).(4)An application for registration of a judgment under subsection (1) shall—(a)be accompanied by a certificate in the form set out in the Schedule or to the same effect issued from the original court under its seal and signed by a judge or registrar thereof or by an affidavit to the same effect;(b)have attached thereto the judgment or the exemplification or a certified or duly authenticated copy thereof and, where the judgment is not in the English language, certified by a notary public on the Registrar of the original court or authenticated by affidavit;(c)be accompanied by an affidavit stating—(i)that, at the date of application, the judgment has not been satisfied or, as the case may be, the sums or items of movable property in respect of which the judgment remains unsatisfied;(ii)that, at the date of application, the judgment can be enforced by execution in the country of the original court;(iii)where, by virtue of section 6(5), the judgment may be registered only in respect of certain of its provisions, the provisions in respect of which it is sought to register the judgment;(d)unless otherwise ordered by the High Court, be accompanied, in the case of a judgment given by a superior court of a Commonwealth country, by a certificate under the seal and signed by a judge or registrar thereof certifying that the court is a superior court in that country;(e)be accompanied by such other evidence as may be prescribed.