Answer ... 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.
Answer ... Once the defendant has been summoned, it has 10 days to file a challenge. The plaintiff may reply to the challenge within eight days.
Answer ... Not applicable, as the challenge is not independent from the recognition request, so a challenge will always precede an exequatur decision.