[2015] KEHC 3227 (KLR)

[2015] KEHC 3227 (KLR)

The court found that the applicant failed to satisfy the mandatory procedural requirements under Section 5(4) of the Foreign Judgments (Reciprocal Enforcement) Act, as no certified copy of a judgment or evidence of adoption of the agreement as a court order was provided. Furthermore, even if the procedural requirements had been met, the subject matter of the application—being a matrimonial settlement agreement involving property distribution and maintenance—falls squarely within the exclusions set out in Section 3(3)(c) and (d) of the Act. The Act does not permit registration or enforcement of foreign judgments or orders relating to matrimonial causes or maintenance. Consequently, the...

Citation
[2015] KEHC 3227 (KLR)
Parties
Applicant: N M; Respondent: A M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
23 July 2015
Case Number
Miscellaneous Application 128 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Register and Enforce Foreign Matrimonial Agreement as Judgment
Outcome
application dismissed with costs to the respondent
Judges
LA Achode
Legal Topics
Foreign Judgment Enforcement, Matrimonial Property, Child Maintenance, Registration of Foreign Orders
Source Language
English
Civil Procedure Family and Children Foreign Judgment Enforcement Matrimonial Property Child Maintenance Registration of Foreign Orders

Case Brief

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Parties

N M

Applicant

A M

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Register and Enforce Foreign Matrimonial Agreement as Judgment

Legal Issues

  1. 1 Whether the agreement entered into during divorce proceedings in New York qualifies as a foreign judgment capable of registration and enforcement under the Foreign Judgments (Reciprocal Enforcement) Act.
  2. 2 Whether the applicant complied with the procedural requirements for registration of a foreign judgment under Section 5(4) of the Act.
  3. 3 Whether the subject matter of the agreement is excluded from registration by virtue of Section 3(3)(c) and (d) of the Act.

Ratio Decidendi

The court found that the applicant failed to satisfy the mandatory procedural requirements under Section 5(4) of the Foreign Judgments (Reciprocal Enforcement) Act, as no certified copy of a judgment or evidence of adoption of the agreement as a court order was provided. Furthermore, even if the procedural requirements had been met, the subject matter of the application—being a matrimonial settlement agreement involving property distribution and maintenance—falls squarely within the exclusions set out in Section 3(3)(c) and (d) of the Act. The Act does not permit registration or enforcement of foreign judgments or orders relating to matrimonial causes or maintenance. Consequently, the...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The Chamber Summons dated 6th December 2013 is dismissed with costs to the respondent.