Section 4: Registration of foreign judgments

4. Registration of foreign judgments (1) (a) A person, being a judgment creditor under a judgment to which this Part applies, may apply to the Supreme Court at any time within 6 years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the Supreme Court, and on any such application the Court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgment to be registered. (b) A judgment shall not be registered where at the date of the application— (i) it has been wholly satisfied; or (ii) it could not be enforced by execution in the country of the original Court. (2) (a) Subject to the provisions of this Act with respect to the setting aside of registration— (i) a registered judgment shall, for the purposes of execution, be of the same force and effect; (ii) proceedings may be taken on a registered judgment; (iii) the sum for which a judgment is registered shall carry interest; and (iv) the registering Court shall have the same control over the execution of a registered judgment, as if the judgment had been a judgment originally given in the registering Court and entered on the date of registration. (b) Execution shall not issue on the judgment so long as, under this Part and the Rules of Court made under this Act, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such application is made, until after the application has been finally determined. (3) Where the sum payable under a judgment which is to be registered is expressed in a currency, other than the currency of Mauritius, the judgment shall be registered as if it were a judgment for such sum in the currency of Mauritius, as on the basis of the rate of exchange prevailing at the date of judgment of the original Court, is equivalent to the sum so payable. F20 – 3 [Issue 1] Foreign Judgments (Reciprocal Enforcement) Act (4) Where at the date of the application for registration, the judgment of the original Court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original Court, but only in respect of the balance remaining payable at that date. (5) Where on an application for the registration of a judgment, it appears to the registering Court that the judgement is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions but not in respect of any other provisions contained in it. (6) In addition to the sum of money payable under the judgment of the original Court, including any interest which by the law of the country of the original Court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration including the costs of obtaining a certified copy of the judgment from the original Court.