BELIZE
RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT CHAPTER 171
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 5
Amendments in force as at 31st December, 2000.
BELIZE
RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT CHAPTER 171
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
RECIPROCAL ENFORCEMENTS OF JUDGMENTS ACT 5
Amendments in force as at 31st December, 2000.
RECIPROCAL ENFORCEMENT OF JUDGMENTS ARRANGEMENT OF SECTIONS
1. Short title. PART I Enforcement of Empire Judgments Preliminary
2. Interpretation.
Judgments of Courts in Great Britain
Judgments of Commonwealth or Colonial Courts
6. Extension of application of Act.
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PART II
Enforcement of Foreign Judgment
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CHAPTER 171
RECIPROCAL ENFORCEMENT OF JUDGMENTS
[15th June, 1922-Part I ] [3rd August, 1935-Part II]
1. This Act may be cited as the Reciprocal Enforcement of Judgments Act.
PART I
Enforcement of Empire and Commonwealth Judgments
Preliminary
2.-(1) In this Part, unless the context otherwise requires:
“Commonwealth country” has the meaning assigned to it in the Interpretation Act;
“judgment” means any judgment or order given or made by a court in any civil proceedings, whereby any sum of money is made payable, 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;
Ch. 8,
R. L., 1958. CAP. 133.
R.E.1980-1990.
19 of 1958. Commencement.
S.I. 17 of 1964. Short title
Interpretation.
CAP. 1.
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CAP. 91.
Enforcement in Belize of judgments obtained in the High Court of Justice in England or Northern Ireland or in the Court of Sessions in Scotland.
“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.
(2) Subject to rules of court, any of the powers conferred by this Part may be exercised by any judge appointed under the Supreme Court of Judicature Act.
Judgments of Courts in Great Britain
3.-(1) Where a judgment has been obtained in the High Court of Justice in England or Northern Ireland or in the Court of Sessions in Scotland, the judgment-creditor may apply to the Supreme Court of Belize 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 Supreme Court of Belize, and on any such application the Supreme Court of Belize may, if in all the circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Belize and subject to the provisions of this section, order the judgment to be registered accordingly.
(2) No judgment shall be ordered to be registered under this section if
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Reciprocal Enforcement of Judgments | [CAP. 171 | 7 | |
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(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; or | ||
(d) | the judgment was obtained by fraud; or | ||
(e) | the judgment-debtor satisfies the registering 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 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 Supreme Court of Belize; | ||
(b) | the Supreme Court of Belize 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. |
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Issue of certificates of judgments obtained in Belize.
Power to make rules.
S. I. 17 of 1964.
Extention of application of Act.
(4) Rules of court shall provide
(5) In any action brought in the Supreme Court of Belize 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.
Judgments of Commonwealth or Colonial Courts
6.-(1) Where the Minister is satisfied that reciprocal provisions have been made by the Legislature of any Commonwealth country or any part of Her
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Majesty’s dominions outside the United Kingdom for the enforcement within that country or part of Her Majesty’s dominions of judgments obtained in the Supreme Court of Belize, the Minister may by Order published in the Gazette declare that this Act shall extend to judgments obtained in a Superior Court in that country or part of Her Majesty’s dominions in the like manner as it extends to judgments obtained in a Superior Court in the United Kingdom, and on any such Order being made, this Act shall extend accordingly.
(2) For the purposes of this section, the expression “part of Her Majesty’s dominions outside the United Kingdom” shall be deemed to include any territory which is under Her Majesty’s protection or in respect of which a mandate is being exercised by the government of any part of Her Majesty’s dominions.
PART II
Enforcement of Foreign Judgments
7.-(1) In this Part, unless the context otherwise requires:
“appeal” includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;
“country of the original court” means the country in which the original court is situated;
“judgment” means a judgment or order given or made by a court in any civil proceedings or 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;
“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 otherwise;
Interpretation.
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Power to extend Part II to foreign countries giving reciprocal treatment.
S. I. 17 of 1964.
“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;
“judgments given in the Superior Court of Belize” means judgments given in the Supreme Court and Orders made by Her Majesty in Council on appeal from judgments of the Supreme Court;
“original court” in relation to any judgment, means the court by which the judgment was given;
“registration” means registration under this Part, and the expressions “register” and “registered” shall be construed according ;
“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 Part, “action in personam” shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters, that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding-up of companies, unsoundness of mind or guardianship of infants.
8.-(1) The Minister if he is satisfied that, in the event of the benefits conferred by this Part being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the Superior Court of Belize, may by Order published in the Gazette direct
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9.-(1) A person, being a judgment-creditor under a judgment to which this Application for,
Part applies, may apply to the Supreme Court at any time within six years after and effect of, registration of
the date of the judgment or, where there have been proceedings by way of
foreign judg
appeal against the judgment, after the date of the last judgment given in those
ment. proceedings, to have the judgment registered in the Supreme Court, and on any such application the court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgment to be registered:
Provided that a judgment shall not be registered if at the date of the application
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(2) Subject to the provisions of this Part with respect to the setting aside of registration
as if the judgment had been a judgment originally given in the registering court and entered on the date of registration:
Provided that execution shall not issue on the judgment so long as, under this Part and the rules of court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside or, where such an application is made, until after the application has been finally determined.
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10.-(1) The power to make rules of court under section 95 of the Supreme Rules of Court. Court of Judicature Act shall, subject to this section, include power to make CAP. 91. rules for the following purposes
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S. I. 17 of 1964.
Cases in which registered judgments must, or may, be set aside.
(2) Rules of court made for the purposes of sections 7 to 14 shall be expressed to have, and shall have, effect subject to any such provisions contained in Orders made under section 8 of this Act as are declared by the said Orders to be necessary for giving effect to agreements made between the Government of Belize and foreign countries in relation to matters with respect to which there is power to make rules of court for the purposes of the said sections.
11.-(1) On application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment
(a) shall be set aside if the registering court is satisfied
(iii) that the judgment-debtor, being the defendant in the proceedings in the original court, did not, notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court, receive notice of those proceedings in
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sufficient time to enable him to defend the proceedings and did not appear;
(b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had, previously to the date of the judgment in the original court, been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.
(2) For the purpsoes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction
(a) in the case of a judgment in an action in personam
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(iii) if the judgment-debtor, being a defendant in the original court, had before the commencement of the proceedings agreed, in respect of the subject-matter of the proceedings, to submit to the jurisdiction of that court or of the court of the country of that court; or
(3) Notwithstanding anything in subsection (2), the court of the country of the original court shall not be deemed to have had jurisdiction
(a) if the subject-matter of the proceedings was immovable property outside the country of the original court; or
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12.-(1) If, on an application to set aside the registration of a judgment, the Power of
applicant satisfies the registering court either that an appeal is pending, or that registering court on application
he is entitled and intends to appeal against the judgment, the court, if it thinks fit,
to set aside
may, on such terms as it may think just, either set aside the registration or
registration.adjourn the application to set aside the registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the application to take the necessary steps to have the appeal disposed of by the competent tribunal.
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Foreign judgments which can be registered not to be enforceable otherwise.
Part II to apply to British dominions, protectorates and mandated territories.
S. I. 17 of 1964.
Modification.
19 of 1958.
creditor, order judgment to be registered for the balance remaining payable at that date.
13. No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which this Part applies, other than proceedings by way of registration of the judgment, shall be entertained by any court in Belize.
14.-(1) Sections 7 to 13 shall apply to Her Majesty’s dominions and to judgments obtained in the courts of the said dominions, as it applies to foreign countries and to judgments obtained in the courts of foreign countries, and the provisions of Part I shall cease to have effect except in relation to those parts of the said dominions to which they extended on 3rd August, 1935.
15. Where an Order is made under section 8 of this Act extending this Part to any part of Her Majesty’s dominions or other territory to which Part I extends, this Part shall, in relation to that part of Her Majesty’s dominions or other territory, have effect as if
(a) the expression “judgment” include 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;
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16.-(1) Subject to the provisions of this section, a judgment to which sections General effect
7 to 13 apply or would have applied if a sum of money had been payable of certain foreign judgments.
thereunder, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognised in any court in Belize as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counterclaim in any such proceedings.
(2) This section shall not apply in the case of any judgment
(a) where the judgment has been registered and the registration thereof has been set aside on some ground other than
(iii) that at the date of the application the judgment could not be enforced by execution in the country of the original
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Power to make foreign judgments unenforceable in Belize if no reciprocity.
Issue of certificates of judgments obtained in Belize.
CAP. 91.
court; or
(b) where the judgment has not been registered, it is shown, whether it could have been registered or not, that if it had been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a) of this subsection.
18.-(1) Subject to subsection (2), where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, has been entered in the Supreme Court against any person and the judgment-creditor is desirous of enforcing the judgment in a country or territory to which sections 7 to 13 apply, the court shall, on an application made by the judgment-creditor and on payment of such fee as may be fixed for the purposes of this section under section 95 of the Supreme Court of Judicature Act, issue to the judgment-
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creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed.
(2) Where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.
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