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Section 3: Extension of Part I to foreign countries

Foreign Judgments (Reciprocal Enforcement) Act · PART I: REGISTRATION OF FOREIGN JUDGMENTS

consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

3. Extension of Part I to foreign countries (1) Where the President is satisfied that, in the event of the benefits conferred by this Part being extended to judgments given in the superior Courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the Supreme Court of Mauritius, he may, by Proclamation, direct— (a) that this Part shall extend to that foreign country; and (b) that such Courts of that foreign country as are specified in the Proclamation shall be deemed superior Courts of that country for the purposes of this Part. (2) Any judgment of a superior Court of a foreign country to which this Part extends, other than a judgment of such a Court given on appeal from a Court which is not a superior Court, shall be a judgment to which this Part applies, where— (a) it is final and conclusive as between the parties; (b) there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and (c) it is given after the coming into operation of the Proclamation directing that this Part shall extend to that foreign country. [Issue 1] F20 – 2 Revised Laws of Mauritius (3) For the purposes of this section, a judgment shall be deemed to be final and conclusive, notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the Courts of the country of the original Court. [S. 3 amended by Act 48 of 1991.]

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