Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Mozambique
In order for a judgment to be recognised and enforced in Mozambique, the following criteria must be met:

  • There is no doubt as to the authenticity of the document containing the judgment or the reasoning of the decision;
  • The judgment is considered res judicata under the law of the country in which it was rendered;
  • The jurisdiction of the foreign court was not determined by fraud and the case does not fall within the exclusive competence of the Mozambique courts;
  • The exception of lis pendens or res judicata cannot be invoked regarding a case between the same parties before a Mozambique court, unless it was the foreign court that prevented jurisdiction;
  • The defendant was properly summoned to the proceedings in accordance with the law of the country of the court of origin, and the principles of fair hearing and equality of the parties were observed;
  • Recognition of the judgment would not be manifestly incompatible with the principles of international public order of the Mozambican state; or
  • Where the judgment has been handed down against a Mozambican, the judgment does not offend the provisions of Mozambican private law, under the Mozambican conflict of law rules.
For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Mozambique
Yes. Certification is required to confirm that the judgment is considered res judicata under the law of the country in which it was rendered.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Mozambique
No. Certification is required to confirm that the judgment is considered res judicata under the law of the country in which it was rendered.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Mozambique
There is no limitation period. As long as the original decision remains valid, it may be subject to recognition before the Mozambican courts. However, a general 20-year statute of limitations applies for most claims. Shorter terms are established in specific cases and may constitute valid grounds to challenge recognition.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL