CHAPTER
77
RECIPROCAL ENFORCEMENT OF JUDGMENTS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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|
Enforcement in The Bahamas of judgments obtained
outside The Bahamas. |
Issue of certificates of judgments obtained in
The Bahamas. |
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CHAPTER 77 |
RECIPROCAL
ENFORCEMENT OF JUDGMENTS |
An
Act to facilitate the reciprocal enforcement of judgments, orders and awards in
The Bahamas and other countries. | 5 of 1924
G.N. 187/1964
43 of 1964
46 of 1964
E.L.A.O., 1974
32 of 1999 |
[Commencement 24th
April, 1924] |
1. This Act may be cited as the Reciprocal Enforcement
of Judgments Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"judgment"
means any judgment or order given or made by a court in any civil proceedings
whether before or after the passing of this Act and includes an award in
proceedings on an arbitration if the award has, in pursuance of the law in
force in the place where it was made, become enforceable in the same manner as
a judgment given by a court in that place; |
"judgment
creditor" means the person by whom the judgment was obtained, and includes
the successors and assigns of that person; |
"judgment
debtor" means the person against whom the judgment was given, and includes
any person against whom the judgment is enforceable in the place where it was
given; |
"original court"
in relation to any judgment means the court by which the judgment was given; |
"registering
court" in relation to any judgment means the court by which the judgment
was registered. |
3. (1) Where a judgment has been obtained in a superior
court outside The Bahamas the judgment creditor may apply to the
Supreme Court, at any time within twelve months after the date of the judgment,
or such longer period as may be allowed by the court, to have the judgment
registered in the court, and on any such application the court may, if in all
the circumstances of the case it thinks it is just and convenient that the
judgment should be enforced in The Bahamas and subject to the provisions of
this section, order the judgment to be registered accordingly. | Enforcement in The Bahamas of judgments obtained
outside The Bahamas. |
(2) No judgment
shall be ordered to be registered under this section if- |
(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 registering court either that an appeal is
pending or that he is entitled or intends to appeal against the judgment; |
(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
registering 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 up on the date of registration in the
registering court; |
(b) the
registering 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 thereof 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 made
under section 5 of this Act shall provide- |
(a) for service
on the judgment debtor of notice of the registration of a judgment under this
section; |
(b) for
enabling the registering 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; |
(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 any court in The Bahamas on any judgment which might 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. |
4. Where a judgment has been obtained in the Supreme
Court against any person, the court shall, on an application made by the
judgment creditor and on proof that the judgment debtor is resident
outside The Bahamas, issue to the judgment creditor a certified copy of the
judgment. | Issue of certificates of judgments obtained in The
Bahamas. |
5. Provision may be made by rules made by the Rules
Committee under section 75 of the Supreme Court Act for regulating
the practice and procedure (including scales of fees and evidence) in respect
of the proceedings of any kind under this Act. | Power to make rules. |
6. (1) Where the Governor-General is
satisfied that reciprocal provisions have been made by the legislature of any
country for the enforcement within that other country of judgments obtained in
the Supreme Court, the Governor-General may by Order declare that this Act
shall extend to judgments obtained in a superior court in that country, and on
any such Order being made this Act shall extend accordingly.(2) An Order under
this section may be varied or revoked by a subsequent Order. | Extent of Act. |