[2020] KEHC 5414 (KLR)
The court found that the applicant had satisfied all statutory and procedural requirements for the recognition and enforcement of a foreign judgment under the Foreign Judgments (Reciprocal Enforcement) Act. The United Kingdom is a reciprocating country, the judgment was final and conclusive, and the respondents were...
Source-derived case information.
- Citation
- [2020] KEHC 5414 (KLR)
- Parties
- Applicant: Amra Leasing Limited; Respondent: DAC Aviation (EA) Limited; Respondent: DAC International Aviation Limited; Respondent: Emmanuel Anassis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E147 of 2020
- Procedural Posture
- Originating Summons / Ruling on Ex Parte Application for Registration and Enforcement of Foreign Judgment
- Outcome
- application allowed; foreign judgment recognized and registered; costs to applicant
- Judges
- DAS Majanja
- Legal Topics
- Foreign Judgment Enforcement, Reciprocal Enforcement, Aircraft Lease Disputes, Default Judgment, Recognition of Foreign Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amra Leasing Limited
Applicant
DAC Aviation (EA) Limited
Respondent
DAC International Aviation Limited
Respondent
Emmanuel Anassis
Respondent
Procedural Posture
Originating Summons / Ruling on Ex Parte Application for Registration and Enforcement of Foreign Judgment
Legal Issues
- 1 Whether the judgment delivered by the High Court of Justice England and Wales is eligible for recognition and enforcement in Kenya under the Foreign Judgments (Reciprocal Enforcement) Act.
- 2 Whether the applicant has complied with all procedural and statutory requirements for registration of the foreign judgment.
- 3 Whether the respondents were properly served and participated in the foreign proceedings.
Ratio Decidendi
The court found that the applicant had satisfied all statutory and procedural requirements for the recognition and enforcement of a foreign judgment under the Foreign Judgments (Reciprocal Enforcement) Act. The United Kingdom is a reciprocating country, the judgment was final and conclusive, and the respondents were properly served and participated in the proceedings before the High Court of Justice England and Wales. The applicant provided a certified copy of the judgment and an authenticated certificate as required. The respondents did not oppose the application or seek to set aside the foreign judgment. Accordingly, the court recognized and registered the foreign judgment as a judgment...
Court Disposition
application allowed; foreign judgment recognized and registered; costs to applicant
Orders
- The judgment delivered on 11th March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 is recognized and registered as a judgment of the High Court of Kenya and a decree shall issue accordingly.
- Notice of Registration of the Judgment shall issue and be served upon the respondents.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CORAM: D. S. MAJANJA J.
CIVIL SUIT NO. E147 OF 2020 (OS)
IN THE MATTER OF THE
FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT
AND IN THE MATTER OF ENFORCEMENT OF JUDGMENT DELIVERED ON 11TH MARCH 2020 IN THE HIGH COURT OF ENGLAND AND WALES, COMMERCIAL COURT, QUEENS BENCH DIVISION IN CLAIM NO. CL-2019-000762
BETWEEN
AMRA LEASING LIMITED............................................................................APPLICANT
AND
DAC AVIATION (EA) LIMITED...........................................................1ST RESPONDENT
DAC INTERNATIONAL AVIATION LIMITED.................................2ND RESPONDENT
EMMANUEL ANASSIS..........................................................................3RD RESPONDENT
RULING
1. The Originating Summons before the Court is dated 6th May 2020 made under Order 37 Rule 14 of the Civil Procedure Rules, Rule 2(1), 2, 3and4 of the Foreign Judgment (Reciprocal Enforcement) Rules (“the Rules”) and sections 3, 5, 6and8 of the Foreign Judgments (Reciprocal Enforcement) Act (Chapter 43 of the Laws of Kenya)(“theAct”). In the summons, the applicant seeks the following orders:
[1] The judgment delivered on 11th March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 be recognized and registered as a judgment of this Honourable Court as well as be enforced within the jurisdiction of this Honourable Court.
[2] Execution of the judgement delivered on 11th March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 do issue after a period of fourteen (14) days upon service of the Notice of Registration of Judgment on the Respondents; and
[3] The costs of the Originating Summons be provided for.
2. The summons is supported by the affidavit of Tim Fox sworn on 6th May 2020. The depositions demonstrate that the respondents are judgment debtors following judgment entered against them by the High Court of Justice of England and Wales.
3. According to the deposition in support of the summons, the applicant’s case against the respondents arose out of two aircraft lease agreements dated 6th September 2013 and 8th July 2014 each relating to the leasing of Bombadier Q400 aircraft serial no. 4052 and 4065 respectively. The agreements were expressly subject to the jurisdiction of the courts in England and Wales.
4. The applicant alleged breach of the agreements by the 1st respondent. It instituted Claim No. CL-2019-000762 in the Queens Bench Division of the High Court of England and Wales against the 1st respondent and the 2nd and 3rd respondents as guarantors. The claim was served on the respondents who entered Acknowledgements of Service through their legal representative Bird and Bird LLP but failed to file their defence within the applicable deadline as extended by the parties to 4. 00pm on 6th February 2020. As a result, judgment in default was entered against the respondents on 11th March 2020 for UK Pounds 8,992,980. 25.
5. The firm of K & L Gates LLP was notified of the judgment entered against the respondents as Bird and Bird LLP had ceased to act for the respondents. To date the respondents have not applied to set aside the judgment. They have not satisfied the judgment.
6. The Summons is supported by a certified copy of the judgment and an authenticated certificate issued by the High Court of Justice of England and Wales, Queen’s Bench Division, Commercial Court issue pursuant to section 5(4) of the Act confirming that the case was filed and that judgment was entered against the respondents by the court in England and Wales.
7. I am also satisfied that the respondents duly participated in the proceedings before the court in England and Wales as they were served with the claim, filed an Acknowledgment of Service and were also notified of the judgment through their nominated counsel. This summons is accordingly heard ex-parte.
8. Since the applicant has complied with the Rules and noting that the United Kingdom is one of the reciprocating countries under section 13 of the Act and that the sum claimed and ordered to be paid by the court is payable under section 3 of the Act, I allow the summons dated 6th May 2020 and order as follows:
(a) THAT the judgment delivered on 11th March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 be and is hereby recognized and registered as a judgment of this Honourable Court and a decree shall issue accordingly.
(b) THAT Notice of Registration of the Judgment do issue and the same shall be served upon the respondents.
(c) The respondent shall bear costs of the application.
DATED and DELIVERED at NAIROBI this 29th day of MAY 2020.
DAVID S. MAJANJA
JUDGE
Court Assistant: Mr. M. Onyango
Ms Akal instructed by Coulson Harney LLP for the applicant.