Until the decision of the Supreme Court in Sumputh v Holborn College Limited 2012 SCJ 193 (Sumputh), it was understood that a judgment creditor which sought to enforce a judgment delivered by a superior court of the United Kingdom could avail itself of any of the following three pieces of legislation namely:
- the Foreign Judgments (Reciprocal Enforcement) Act 1961 (1961 Act); or
- the Reciprocal Enforcement of Judgments Act 1923 (1923 Act); or
- article 546 of the Mauritian Code of Civil Procedure ("exequatur" proceedings).
In Sumputh (supra), the Supreme Court, sitting in its first instance jurisdiction, heard and granted an application that was based on the 1961 Act to enforce a judgment delivered by the Queen's Bench Division of the High Court of England (Queen's Bench Division).
For details of the appeal please click here.
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