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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Mozambique
The defendant may challenge recognition and enforcement of a foreign judgment if one of the criteria set out in Article 1094 of the Code of Civil Procedure is not met, as follows:

  • 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
4.2
What is the limitation period for filing a challenge?
 
Mozambique
Once the defendant has been summoned, it has 10 days to file a challenge. The plaintiff may reply to the challenge within eight days.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Mozambique
Not applicable, as the challenge is not independent from the recognition request, so a challenge will always precede an exequatur decision.

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