3
(Cap. 4).
"country of the original court" means the country in which the original
court is situated;
"foreign country" has the same meaning as in the United Kingdom
Foreign Judgments (Reciprocal Enforcement) Act, 1933: “judgment" means—–
(a) a judgment or order given or made by a court in any civil
proceedings; or
(b) a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party; or
(c) 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 in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or other- wisc; “judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original court;
Ill
“judgments given in the superior courts of the Colony" means judgments given in the Supreme Court and includes judgments given in any court whether of the Colony or not, on appeals against any judg- ments so given;
“original court" in relation to any judgment means the court by which
the judgment was given:
"prescribed" means prescribed by rules of court made under section 37 of the Supreme Court Ordinance as modified by section 5 of this Ordinance;
"registration" means registration under section 4, and the expressions
"register" and "registered" shall be construed accordingly: "registering court" in relation to any judgment means the court to
which an application to register the judgment is made.
(2) For the purposes of this Ordinance the expression "action in personam" shall not be deemed to include any matrimonial cause or any proceedings in connexion with any of the following matters-
(a) matrimonial matters:
(b) administration of the estates of deceased persons;
(c) bankruptcy;
(d) winding up of companies: (e) lunacy:
(A) guardianship of infants.
3. (1) The Governor in Council, if he is satisfied that, in the event of the benefits conferred by this Ordinance being extended to judgments given in the superior courts of any foreign country, sub stantial reciprocity of treatment will be assured as respects the enforce ment in that foreign country of judgments given in the superior courts of the Colony, may by order direct-
(a) that the provisions of this Ordinance shall extend to that
foreign country; and
(b) that such courts of that foreign country as are specified in the order shall be deemed superior courts of that foreign country for the purposes of this Ordinance.
(2) Any judgment of a superior court of any foreign country to which the provisions of this Ordinance extend. other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which the provisions of this Ordinance apply. if
(d) it is final and conclusive as between the parties thereto; and (b) there is payable thereunder a sum of money, not being a suoi payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and
(c) it is given after the coming into operation of the order direct- ing that the provisions of this Ordinance shall extend to that foreign country.
(3) For the purposes of this section.
judgment shall be deemed
to be final and conclusive notwithstanding that an appeal is pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.
(4) The Governor in Council may by a subsequent order vary or revoke any order previously made under this section,
Power to
extend the the Ordin- provisions of
ance to giving reci- procal treat- MICAL,
countries
4. (1) A person, being a judgment creditor under a judgment Application to which the provisions of this Ordinance apply, may apply to the for, and Supreme Court at any time within six years after the date of the
cffcct of. re gistration judgment, or, where there have been proceedings by way of appeal of foreign against the judgment, after the date of the last judgment given in those judgments. proceedings, to have the judgment registered in the Supreme Court, and
on any such application the court shall, subject to proof of the pre- scribed matters and to the other provisions of this Ordinance, order the judgment to be registered:
1