Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Mozambique
Yes. A foreign judgment will be recognised only if the defendant was duly served and the principles of fair hearing and equality between the parties were respected.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Mozambique
The Mozambican court will verify that the jurisdiction of the foreign court was not obtain by fraudulent means and that it is not contradicted by exclusive Portuguese jurisdiction.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Mozambique
Yes. The court will confirm that there is no doubt as to the authenticity of the document containing the judgment or the reasoning of the decision; and that recognition of the judgment would not be manifestly incompatible with the principles of international public order of the Mozambican state.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.4
Will the court review the merits of the foreign judgment?
 
Mozambique
No, except insofar as is necessary to verify that the judgment is not incompatible with the principles of international public order of the Mozambican state. If the defendant is a Mozambican citizen or company, the Mozambican court may also verify that, if Mozambican law were found to be the governing law under the Mozambican conflict of laws rules, and were applied accordingly, the decision would not be more favourable to the defendant.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Mozambique
A foreign decision can be recognised only if the exception of lis pendens or res judicata cannot be invoked regarding a case between the same parties before a Mozambican court, unless it was the foreign court that prevented jurisdiction Otherwise, this will be considered a dilatory objection and the Mozambican court will not decide on the matter and thus will not recognise the judgment.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Mozambique
Yes. The court of its own motion (ex officio) can deny recognition if, upon examining the case or applying knowledge derived from the performance of its duties, it finds that any of the necessary criteria mentioned in questions 2.1, 5.3 and 5.5 are not met.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.7
Is partial recognition and enforcement possible?
 
Mozambique
No. The decision concerns recognition of the foreign judgment only; the Mozambican court will not change or adapt the original decision.

For more information about this answer please contact: Filomeno Rodrigues from Ana Bruno & Associados Sociedade de Advogados SPRL
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Mozambique
The court will not deal with these issues regarding the foreign judgement. If they are part of the judgment, they will be included in the recognition decision. Otherwise, they are not subject to the court’s jurisdiction.

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