Section 5 of Foreign Judgments Reciprocal Enforcement Act CAP 43: 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 the judgment or, where there have been proceedings by way of appeal against the judgment, of the date of the last judgment in the proceedings.
(2) An application may be made under subsection (1) ex parte in any case in which -
(a) the judgment debtor -
(i) was personally served with process in the original action; or
(ii) though not personally served, appeared in the original court otherwise than for one or more of the purposes set out in section 4(2)(b); and
(b) under the law in force in the country of the original court, the time within which an appeal may be made against the judgment has expired and no appeal is pending or an appeal has been heard and disposed of.
(3) Where an application is made under subsection (1) ex parte, the court hearing the application, instead of allowing it, may direct a summons to be issued, but if no such direction is given notice of the registration of the judgment made on the application shall be served upon the judgment debtor
in accordance, mutatis mutandis, with Order 5 of the Civil Procedure Rules (sub. leg).
(4) An application for registration of a judgment under subsection (1) shall -
(a) be accompanied by a certificate in the form set out in the Schedule or to the same effect issued from the original court under its seal and signed by a judge or registrar thereof or by an affidavit to the same effect;
(b) have attached thereto the judgment or the exemplification or a certified or duly authenticated copy thereof and, where the judgment is not in the English language, certified by a notary public on the Registrar of the original court or authenticated by affidavit;
(c) be accompanied by an affidavit stating -
(i) that, at the date of application, the judgment has not been satisfied or, as the case may be, the sums or items of movable property in respect of which the judgment remains unsatisfied;
(ii) that, at the date of application, the judgment can be enforced by execution in the country of the original court;
(iii) where, by virtue of section 6(5), the judgment may be registered only in respect of certain of its provisions, the provisions in respect of which it is sought to register the judgment;
(d) unless otherwise ordered by the High Court, be accompanied, in the case of a judgment given by a superior court of a Commonwealth country, by a certificate under the seal and signed by a judge or registrar thereof certifying that the court is a superior court in that country;
(e) be accompanied by such other evidence as may be prescribed.

More Sections

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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