Section 2 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Interpretation

(1) For the purposes of this Act -
"appeal" means proceedings by way of application for the discharge or setting aside of a judgment or for a new trial or a stay of execution;
"country" includes a constituent territory of a country or any territory for whose international relations a country is responsible;
"country of the original court" means the country in which the original court is situated or in relation to which that court has jurisdiction;
"court" includes a tribunal;
"designated court" means -
(a) a superior court of a reciprocating country which is a Commonwealth country;
(b) a superior court of any other reciprocating country which is specified in an order made under section 13;
(c) a subordinate court of a reciprocating country which is specified in an order made under section 13;
"judgment creditor" means the person in whose favour a judgment was given and includes any person in whom the rights under the judgment have become vested by succession, assignment or otherwise;
"judgment debtor" means the person against whom a judgment was given and includes any person against whom the judgment is enforceable under the law of the country of the original court;
"judgments given by the superior courts in Kenya" and "judgments given by subordinate courts in Kenya" include judgments given in any court on appeal against those judgments;
"multiple damages" means an amount payable under a judgment which has been arrived at by multiplying by any factor a sum assessed as compensation for loss or damage sustained by a person in whose favour the judgment was given;
"original court", in relation to a judgment to which this Act applies, means the court by which the judgment was given and includes an arbitrator or arbitral tribunal by which an arbitral award to which this Act applies was given;
"personal service" means actual delivery of the process to the person to be served therewith, whether effected inside or outside the country in which the process was issued;
"reciprocating country" means a country declared as such for the purposes of this Act by the Cabinet Secretary under section 13(1);
"registration" means registration under this Act;
"subordinate court" includes a tribunal;
"subordinate courts in Kenya" means magistrate’s courts as defined in the Magistrates' Court Act (Cap. 10) and any tribunal specified by the Cabinet Secretary for the purposes of this Act;
"superior courts in Kenya" means Supreme Court, the Court of Appeal, the High Court, the Employment and Labour Relations Court and the Environment and Land Court.
(2) References in this Act to a judgment of a designated court include references to an award in arbitration proceedings referred to in section 3(1)(f).
(3) A certificate issued in a reciprocating country with respect to a judgment given by a tribunal or an award in arbitration proceedings in circumstances of the kind mentioned in section 16(3)(b) constitutes a certificate for the purposes of section 5(4)(a).

More Sections

Section 3 - Judgments to which the Act applies

(1) Subject to subsections (2) and (3), this Act applies with respect to - (a) a judgment or order of a designated court in civil proceedings whereby a sum of money is made payable, including an...

Section 4 - Jurisdiction

(1) In proceedings in which it is necessary for the purposes of this Act to determine whether a court of another country had jurisdiction to adjudicate upon a cause of action, that court shall,...

Section 5 - Application

(1) Where a judgment to which this Act applies has been given in a designated court, the judgment creditor may apply to the High Court to have that judgment registered within six years of the date of...

Section 6 - Registration

(1) Where, on an application under section 5(1), the High Court is satisfied as to the proof of matters required by this Act and any rules of court, it shall, subject to this Act, order the judgment...

Section 7 - Currency in which judgments payable

(1) Where a sum payable under a judgment which is to be registered under this Act is expressed in a currency other than the currency of Kenya, the judgment may be registered as a judgment for a sum...

Section 8 - Effect of registration of judgments

(1) Subject to this Act, a registered judgment shall, for the purposes of execution, be of the same force and effect as a judgment of the High Court entered at the date of registration. (2) Subject...

Section 9 - Garnishee orders

(1) At the time of, or at any time subsequent to, making an application for registration under section 5, the applicant may apply ex parte to the High Court for an order that all debts, obligations...

Section 10 - Setting aside

(1) Where a judgment has been registered under this Act an application may be made by the judgment debtor that the judgment be set aside on any of the grounds set out in subsection (2) or (3), and if...

Section 11 - Effect of appeals, etc.

(1) An application may be made by or on behalf of the judgment debtor to set aside the registration of a judgment on the ground that- (a) an appeal is pending against the judgment; or (b) he is...

Section 12 - Effect of setting aside in certain cases

(1) Where the registration of a judgment is set aside - (a) under section 11; or (b) solely for the reason that the judgment was not at the date of application for registration enforceable by...

Section 13 - Extension of Act

(1) Where the Cabinet Secretary is satisfied that provisions which are substantially reciprocal will be or have been made by a country outside Kenya for the enforcement therein of judgments given by...

Section 14 - Special provision with respect to non-Commonwealth countries

The Cabinet Secretary may, in order to give effect to an agreement between Kenya and any country, other than a Commonwealth country, in relation to the enforcement of judgments, make, in the order...

Section 15 - Rules of court

The Chief Justice may make rules of court prescribing any matters necessary or expedient for the purposes of this Act and, without prejudice to the generality of the foregoing, rules of court...

Section 16 - Certificates

(1) Subject to this section, where a judgment under which a sum of money is payable or item of movable property is deliverable has been entered in a superior or subordinate court in Kenya against any...

Section 17 - Exclusion of certain proceedings

(1) No proceedings, other than proceedings by way of a judgment or by way of execution of a judgment so registered, shall be entertained by any court in Kenya which are brought by a judgment creditor...

Section 18 - Recognition of certain foreign judgments

(1) Subject to this section, a judgment of a designated court shall be recognised in any court in Kenya as conclusive between the parties thereto, as to the matter adjudicated upon, in all proceedings...

Section 19 - Repeal and transitional provisions

(1) Spent (2) A judgment registered in the High Court under the repealed Act before the commencement of this Act shall be deemed to have been registered under this Act and anything done in relation...

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