[2001] KEHC 432 (KLR)
The court found that the applicant satisfied all statutory requirements for registration of a foreign judgment: the judgment was final, conclusive, unsatisfied, and enforceable in England; the application was made within six years of the judgment; and all necessary documents were annexed. The respondent did not...
Source-derived case information.
- Citation
- [2001] KEHC 432 (KLR)
- Parties
- Plaintiff: Northern Executive Aviation Limited; Defendant: Ibis Aviation Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1088 of 1998
- Procedural Posture
- Originating Summons / Ruling on Application to Register Foreign Judgment
- Outcome
- application granted
- Judges
- CA Otieno
- Legal Topics
- Foreign Judgment Registration, Reciprocal Enforcement, Default Judgment, Liquidated Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Northern Executive Aviation Limited
Plaintiff
Ibis Aviation Limited
Defendant
Procedural Posture
Originating Summons / Ruling on Application to Register Foreign Judgment
Legal Issues
- 1 Whether the foreign judgment from the High Court of Justice, Queen's Bench Division, Commercial Court (London) is registrable in Kenya under the Foreign Judgments (Reciprocal Enforcement) Rules.
- 2 Whether the application for registration was made within the statutory time limit.
- 3 Whether the foreign judgment is final, conclusive, and unsatisfied, and capable of enforcement in England.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for registration of a foreign judgment: the judgment was final, conclusive, unsatisfied, and enforceable in England; the application was made within six years of the judgment; and all necessary documents were annexed. The respondent did not challenge the application or the supporting affidavits. The court took judicial notice that England is a Commonwealth country, making the judgment registrable under Kenyan law. There were no grounds to set aside registration. Accordingly, the court ordered registration of the foreign judgment for the liquidated sum of USD 210,000.
Court Disposition
application granted
Orders
- The judgment of the High Court of Justice, Queen's Bench Division, Commercial Court (London) (1997 Folio 1542) is registered in Kenya as a foreign judgment.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL SUIT NO. 1088 OF 1998 (O.S.)
NORTHERN EXECUTIVE AVIATION
LIMITED …………………………………………………. PLAINTIFF
VERSUS
IBIS AVIATION LIMITED …………………………….. DEFENDANT
R U L I N G
The Originating summons dated 8th May 1998 and filed into the court on 11th May 1998, is brought into the court under Rule 2(1) of the Foreign Judgments (Reciprocal Enforcement) Rules. It is seeking to have Default judgment of the High Court of Justice Queens Bench Division Commercial Court (1997 Folio 1542) registered in Kenya. The Court had earlier ordered this matter to be heard by way of viva voce evidence. However, when the matter came up for hearing, the Respondent or its Advocate did not turn up in court. Mr. Majanja for the Applicant felt no need for calling a witness and so proceeded to address me on the application.
I have perused the application. I have perused the Affidavit sworn by Peter Obonyo Mboya dated 8th May 1998, I have also perused the Default Judgment in the High Court of Justice, Queens Bench Division Commercial Court 1997 Folio 1542, I have perused the Certificate of judgment and all the other annextures to the Affidavit of the same Peter Obonyo Mboya. I have also perused the affidavit of Ian Fredrick Clark and the annextures to the same Affidavit. Finally, I have seen the Ruling delivered by Hon.
Justice P. Hewett on a relevant issue. I am satisfied first that the judgment sought to be enforced i.e. Judgement of the High Court of Justice Queens Bench Division Commercial Court in London England (i.e. the original court) (1997 Folio 1542) was dated 20th August 1997 in favour of the Applicant as against the Respondents as Defendants and this application was brought into this court on 11th May 1998. That is clearly within six years of the date of Judgment and the relevant required documents are annexed. A copy of the same Judgment has been annexed. Hon. Justice Hewett has ruled on the admissibility of the same and the status of the original court in England. I am also satisfied from the evidence and documents before me that the same Judgment has not been satisfied in England. I will take judicial notice that England is a Commonwealth country. In any case paragraph 6 of Obonyo Mboya’s affidavit has not been challenged. I am also satisfied that the liquidated award is final and conclusive between the parties. This has been alleged by Obonyo Mboya and has not been challenged in any way by the Respondent and I am also satisfied that the award may be enforced by execution in England. I do therefore determine the questions raised in the originating summons as follows:
First that the Applicant is in my mind entitled to apply to have registered the liquidated award of United States dollars Two hundred and ten thousand (US Dollars 210,000) as appears in the Default judgment of the High Court of Justice Queen’s Bench Division Commercial Court in London England as appears in the copy of the same Judgment annexed to the Affidavit of Peter Obonyo Mboya. Secondly, I am satisfied that the same judgment may be registered as I do feel that there are no grounds upon which the same registration might be set aside by this court.
I order that the same Judgment be registered. Costs to the Applicant.
Orders accordingly.
Dated at Nairobi this 8th day of May 2001.
ONYANGO OTIENO
JUDGE