Reciprocal Enforcement of Judgments Act — Esheria

Statute

Reciprocal Enforcement of Judgments Act

Chapter 23 Country: Uganda As of: 31 December 202331 December 202331 December 2000 Status: In force Sections: 5
View source

We load all 5 sections of this Act into the chat context so responses stay grounded in the full text.

Sections preview

Showcasing 5 of 5 sections

Section 1

1. Interpretation

Section 1. Interpretation Section 1(1) In this Act, unless the context otherwise requires— “ judgment ” means any judgment or order given or made by a court in any civil proceedings, whether before or after the passing of this Act, by which any sum ofmoney 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 judgment given by a court in that place; “ judgment creditor ” means the person by whom the judgment was obtained, and includes the successors and assigns of that person; “ judgment debtor ” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given; “ original court ”, in relation to any judgment , means the court by which the judgment was given; “ registering court ”, in relation to any judgment , means the court by which the judgment was registered. Section 1(2) Subject to rules of court, any of the powers conferred by this Act may be exercised by a judge of the court.

Section 2

2. Enforcement of judgments obtained in superior courts in United Kingdom or Ireland

Section 2. Enforcement of judgments obtained in superior courts in United Kingdom or Ireland Section 2(1) Where a judgment has been obtained in a superior court in the United Kingdom or the Republic of Ireland, the judgment creditor may apply to the High Court, at any time within twelve months after the date of the judgment , or such longer period as may be allowed by the court, to have the judgment registered in the court, and on any such application, the court may, if in all the circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Uganda, and subject to this section, order the judgment to be registered accordingly. Section 2(2) No judgment shall be ordered to be registered under this section— Section 2(2)(a) the original court acted without jurisdiction; Section 2(2)(b) the judgment 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 that court; Section 2(2)(c) the judgment debtor , being the defendant in the proceedings, was not duly served with the process ofthe...

Section 3

3. Issue of certificates of judgments obtained in Uganda

Section 3. Issue of certificates of judgments obtained in Uganda Section In any action brought in any court in Uganda on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the court otherwise orders.

Section 4

4. Power to make rules

Section 4. Power to make rules Section Provision may be made by rules of court for regulating the practice and procedure, including scales of fees and evidence, in respect of proceedings of any kind under this Act.

Section 5

5. Power to apply this Act to Commonwealth countries outside the United Kingdom

Section 5. Power to apply this Act to Commonwealth countries outside the United Kingdom Section Where the Minister is satisfied that reciprocal provisions have been made by the legislature of any Commonwealth country outside the United Kingdom for the enforcement within that country of judgments obtained in the High Court, the Minister may, by statutory order, declare that this Act shall extend to judgments obtained in a superior court in that country in the like manner as it extends to judgments obtained in a superior court in the United Kingdom, and on any such order being made, this Act shall extend accordingly.