Section 3: Enforcement of United Kingdom judgments

3. Enforcement of United Kingdom judgments (1) Where a judgment has been obtained in a superior Court in the United Kingdom, the judgment creditor may apply to the Supreme Court, within 12 months after the date of the judgment, or such longer period as may be allowed by the Supreme Court, to have the judgment registered in the R7 – 1 [Issue 1] Reciprocal Enforcement of Judgments Act Supreme Court, and on any such application the Supreme Court may, if in all the circumstances of the case it is considered just and convenient that the judgment should be enforced in Mauritius, and subject to this section, order the judgment to be registered accordingly. (2) No judgment shall be ordered to be registered under this section where— (a) the original Court acted without jurisdiction; (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; (c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original Court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that Court or agreed to submit to the jurisdiction of that Court; (d) the judgment was obtained by fraud; (e) the judgment debtor satisfies the Supreme Court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment; or (f) the judgment was in respect of a cause of action which for reasons of public policy or for some other similar reason could not have been entertained by the Supreme Court. (3) Where a judgment is registered under this section— (a) the judgment shall, as from the date of registration, be of the same force and effect, and proceedings may be taken thereon, as if it had been a judgment originally obtained or entered upon on the date of registration in the Supreme Court; (b) the Supreme Court shall have the same control and jurisdiction over the judgment as it has over similar judgments given by itself, but in so far only as relates to execution under this section; (c) the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining a certified copy of the judgment from the original Court and of the application for registration shall be recoverable in like manner as if they were sums payable under the judgment. (4) Rules of Court shall provide— (a) for service on the judgment debtor of notice of the registration of a judgment under this section; (b) for enabling the Supreme Court on an application by the judgment debtor to set aside the registration of a judgment under this section on such terms as the Court thinks fit; and [Issue 1] R7 – 2 Revised Laws of Mauritius (c) for suspending the execution of a judgment registered under this section until the expiration of the period during which the judgment debtor may apply to have the registration set aside. (5) In any action brought in the Supreme Court on any judgment which may 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.