Section 11: General effect of certain foreign judgments

11. General effect of certain foreign judgments (1) Subject to this section, a judgment to which Part I applies or would have applied if a sum of money had been payable under it, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognised in any Court in Mauritius as conclusive between the parties to it in all proceedings founded on the same cause of action and may be relied on by way of defence or counterclaim in any such proceedings. (2) This section shall not apply in the case of any judgment— (a) where the judgment has been registered and the registration has been set aside on some ground other than— (i) that a sum of money was not payable under the judgment; (ii) that the judgment had been wholly or partly satisfied; or (iii) that at the date of the application, the judgment could not be enforced by execution in the country of the original Court; or (b) where the judgment has not been registered, if it is shown (whether it could have been registered or not, that if it had been registered the registration would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a). (3) Nothing in this section shall be taken to prevent any Court in Mauritius recognising any judgment as conclusive of any matter of law or fact decided in it if that judgment would have been so recognised before the passing of this Act. [Issue 1] F20 – 8 Revised Laws of Mauritius