[2019] KEHC 12371 (KLR)
The court held that it cannot alter or review the interest already awarded by the Rwandan court, as this would amount to reviewing rather than enforcing the foreign judgment. However, pursuant to Section 8(2)(b) of the Foreign Judgments (Reciprocal Enforcement) Act, the court is empowered to award interest at the...
Source-derived case information.
- Citation
- [2019] KEHC 12371 (KLR)
- Parties
- Applicant: Furaha Eugenes; Respondent: Jomo Kenyatta University of Agriculture and Technology
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 019 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Registration of Foreign Judgment and Ancillary Orders
- Outcome
- Application allowed in part; interest at court rates and reasonable registration costs awarded.
- Judges
- F Tuiyott
- Legal Topics
- Foreign Judgment Registration, Enforcement of Foreign Judgments, Interest Awards, Costs of Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Furaha Eugenes
Applicant
Jomo Kenyatta University of Agriculture and Technology
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Registration of Foreign Judgment and Ancillary Orders
Legal Issues
- 1 Whether the court should make orders on interest and, if so, the applicable rate.
- 2 Whether the court should make an order on costs incurred in the registration of the foreign judgment.
Ratio Decidendi
The court held that it cannot alter or review the interest already awarded by the Rwandan court, as this would amount to reviewing rather than enforcing the foreign judgment. However, pursuant to Section 8(2)(b) of the Foreign Judgments (Reciprocal Enforcement) Act, the court is empowered to award interest at the rate applicable to judgments of the High Court of Kenya on any unpaid sum from the date of registration until full payment. Additionally, the court recognized that the applicant is entitled to reasonable costs and disbursements incurred in the process of registering the foreign judgment in Kenya, as contemplated by Section 8(2)(c) of the Act. The court thus awarded interest at...
Court Disposition
Application allowed in part; interest at court rates and reasonable registration costs awarded.
Orders
- The applicant shall have interest at court rates of the High Court of Kenya on unpaid sums at the date of registration with effect from that date until payment in full.
- The applicant shall have reasonable costs and disbursements in respect of registration of the judgment, including but not limited to costs of copying and translation.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
MISC. APPLICATION NO E 019 OF 2019 (OS)
FURAHA EUGENES.......................................................................APPLICANT
-VERSUS-
JOMO KENYATTA UNIVERSITY OF
AGRICULTURE AND TECHNOLOGY.............................RESPONDENT/JD
AND
IN THE MATTER OF (CASE NO. RCOM01249/2017/TC/NYGE)
FURAHA EUGENES.........................................................................PLAINTIFF
-VERSUS-
JOMO KENYATTA UNIVERSITY OF
AGRICULTURE AND TECHNOLOGY.....................................DEFENDANT
RULING
1. These proceedings relate to registration of a foreign Judgment under the provisions of The Foreign Judgments (Reciprocal Enforcement) Act (Chapter 43 of the Laws of Kenya (The Act).
2. Parties have agreed that Furaha Eugenes be granted leave to register in the High Court of Kenya a Judgment delivered and made by The Honorable Justice Hameyimana Telesphore seating in the Commercial Court of Nyarugenge within the Republic of Rwanda on 19th October 2017 in Case No. RCOM01249/2017/TC/NYGE. The Judgment is a monetary judgment.
3. There are only two issues in contention. Whether this Court should make orders on interest and if so the rate applicable. Whether this Court should make an order on costs.
4. Although none of the parties pointed this out to Court, the law in respect to the questions raised are found in Section 8 of the Act and in particular subsections (1) and (2) which read:-
Sec. 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 to this Act, where a judgment for the payment of any monetary sum is registered, the following sums may be recovered upon the registered judgment—
(a) the amount remaining payable under the judgment, including interest and any costs awarded to the judgment creditor, at the date of registration;
(b) interest from the date of registration on that amount, excluding interest and costs referred to in paragraph (a), calculated at the rate applicable to a judgment of the High Court; and
(c) any reasonable costs awarded by the High Court in respect of registration, including the costs of obtaining a certificate or exemplification, or copy of a judgment or a translation thereof, for the purposes of section 5(4).
5. Regarding interest, it is true, as submitted by Mr. Lutta appearing for the Respondent, that the Court at Rwanda made an award on interest worked out at an aggregate sum of USD 19,121 (See paragraph 13 of the said award). To make an award that departs from this is to disturb the judgment in Rwanda. If this Court were to do so then it will not be enforcing the Judgment but in fact reviewing. That said, by dint of Section 8(2) (b) this Court can allow interest from the date of registration on any unpaid amount and where it does, the law prescribes the rate applicable to be that applicable to a Judgment of the High Court. The High Court being a superior court in Kenya (see section 2 on interpretation). Giving effect to these provisions, this Court awards interest at Court rates on the sum that remained unpaid at the date of registration of the Judgment from that date until the date of full payment. In making this order, this Court is also cognizant that the objective of granting interest is to compensate a litigant for delayed payment of a decretal sum.
6. The Rwandese Court also awarded costs to the Applicant Under various heads being 100,000 Rwf for case followup, 70,000 Rwf as lawyer fee and 50,000 Rwf for Court Fees. Rwf is the abbreviation for Rwanda Francs. So, quantum of the costs in respect to the received Judgment is really settled. However, the Applicant has suffered further costs in respect to registration of the Judgment in Kenya. Section 8(2)(c) contemplates that such costs will be incurred and I will therefore be awarding them.
7. Ultimately the orders of the Court are:-
a) The Applicant shall have interest at Court rates of the High Court of Kenya on unpaid sums at the date of registration with effect from that date until payment in full.
b) The Applicant shall have reasonable costs and disbursements in respect of registration of the Judgment and the disbursements shall include, but will not be limited to, costs of copying the Judgment and/or making a translation thereof.
Dated, Signed and Delivered in Court at Nairobi this 18th Day of October 2019.
F. TUIYOTT
JUDGE
PRESENT:
Cherop for Osudwa for Plaintiff
Lutta for Respondent
Court Assistant: Nixon