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Section 5: Rules of Court

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.

5. Rules of Court (1) Subject to subsection (2), the Supreme Court may make rules for— (a) the giving of security for costs by persons applying for the registration of judgments; (b) the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters; (c) the service on the judgment debtor of notice of the registration of the judgment; (d) the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed; (e) the method by which any question arising under this Act whether a foreign judgment can be enforced by execution in the country of the original Court, or what interest is payable under a foreign judgment under the law of the original Court, is to be determined; and (f) any matter which is to be prescribed under this Part. (2) Rules made for the purposes of this Part shall be expressed to have, and shall have, effect subject to any such provisions contained in Proclamations made under section 3 as are declared by the Proclamations to be necessary for giving effect to agreements made between the State and foreign countries in relation to matters with respect to which there is power to make rules of Court for the purposes of this Part. [S. 5 amended by Act 48 of 1991.] [Issue 1] F20 – 4 Revised Laws of Mauritius

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