[2007] KEHC 3807 (KLR)
The court held that the Portsmouth County Court judgment is registrable and enforceable in Kenya under the Foreign Judgment (Reciprocal Enforcement) Act, Cap 43, as there was no evidence of any appeal or challenge to the judgment in the United Kingdom. The respondent's opposition was based on authorities relevant to...
Source-derived case information.
- Citation
- [2007] KEHC 3807 (KLR)
- Parties
- Applicant: The Board of Governors, St. John's College; Respondent: John Nganyi Liboyi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 834 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Summons for Registration of Foreign Judgment
- Outcome
- Originating Summons granted; foreign judgment registered for execution.
- Judges
- JM Khamoni
- Legal Topics
- Foreign Judgment Registration, Reciprocal Enforcement, Execution of Foreign Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Board of Governors, St. John's College
Applicant
John Nganyi Liboyi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Originating Summons for Registration of Foreign Judgment
Legal Issues
- 1 Whether the judgment of Portsmouth County Court is registrable and enforceable in Kenya under the Foreign Judgment (Reciprocal Enforcement) Act.
- 2 Whether there are valid grounds to refuse registration of the foreign judgment.
Ratio Decidendi
The court held that the Portsmouth County Court judgment is registrable and enforceable in Kenya under the Foreign Judgment (Reciprocal Enforcement) Act, Cap 43, as there was no evidence of any appeal or challenge to the judgment in the United Kingdom. The respondent's opposition was based on authorities relevant to post-registration challenges and did not address valid grounds for refusing registration at this stage. The court found no good reason to refuse the application and granted the originating summons as prayed, allowing the registration of the foreign judgment for execution in Kenya.
Court Disposition
Originating Summons granted; foreign judgment registered for execution.
Orders
- The judgment of Portsmouth County Court for Sterling Pounds 13,731 is registered for execution in this Honourable Court.
- The applicant is awarded costs of this Originating Summons.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISC APPLI 834 of 2005
THE BOARD OF GOVERNORS,
ST. JOHN'S COLLEGE …………….….. PLAINTIFF/APPLICANT
Versus
JOHN NGANYI LIBOYI …..…….. DEFENDANT/RESPONDENT
RULING
In this Originating Summons dated 14th August 2006, the Plaintiff is seeking this court's order that:
"the judgement of Portsmouth County Court for Sterling Pounds 13,731 be registered for execution in this Honourable Court."
The Plaintiff/Applicant also seeks costs of this Originating Summons.
The said Originating Summons is brought under The Foreign Judgment (Reciprocal Enforcement) Act, Chapter 43 Laws of Kenya, more specifically Section 5 of that Act. Portsmouth Country Court is a court in the United Kingdom and there is no dispute that its judgments are, under the provisions of the above mentioned Act, registrable and enforceable in Kenya.
The Originating Summons is however opposed by the Defendant who is relying upon the grounds of opposition he filed dated 24th August 2006 as well as his replying affidavit sworn also on 24th August 2006 which were re-enforced by the case authorities cited by his counsel.
While I am open minded, I do find that all that has been said in support of the opposition to this Originating Summons relates to issues other than the issue of the prevention of the registration of a foreign judgment. In other words, the authorities cited were concerned with foreign judgments after they had been registered and therefore are not useful authorities in this Originating Summons which is not intended to look into the merits of the foreign judgment especially in circumstances such as that obtaining in this suit where the Defendant has so far done completely nothing in the way of appealing against or otherwise challenging that Foreign judgment in the United Kingdom.
That being the position, I find no good reason for refusing to grant the Originating Summons. Accordingly the said Originating Summons is hereby granted as prayed.
Dated this 26th Day of October, 2007.
J. M. KHAMONI
JUDGE