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78.1 (1) This Part deals with the procedure under which a

judgment of a foreign court or tribunal may be

registered in the High Court for enforcement in

Trinidad and Tobago.

(2) In this Part "the Act" means the Judgments

Extension Act Chap 5;02.

Application for registration

78.2 (1) An application to have a judgment within the

meaning of the Act and to which the Act

applies registered in the High Court may be

made without notice but must be supported by

evidence.

(a) exhibiting the judgment or a verified

or certified or otherwise duly

authenticated copy thereof and, where

the judgment is not in the English

language, a translation thereof in that

language certified by a notary public

or authenticated by affidavit;

(b) stating the name, trade or business and

the usual or last known place of abode

or business of the judgment creditor

and the judgment debtor respectively,

so far as known to the deponent;

(c) stating to the best of the information

or belief of the deponent -

(i) that the judgment creditor is entitled to enforce the judgment; and either

(ii) that at the date of the application the judgment has not been satisfied; or

(iii) the amount in respect of which it

remains unsatisfied,

and, in either case,

(iv) that the judgment does not fall

within any of the cases in which a judgment may not

be ordered to be registered under section 4 of the Act; and

(v) that the registration would not

be, or be liable to be, set aside;

and

(d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration.

Security for costs

78.3 The court may order the judgment creditor to give

security for the costs of the application for

registration and of any proceedings which may be

brought to set aside the registration.

Order for registration

78.4 (1) An order giving leave to register a judgment

must be drawn up by, or on behalf of, the

judgment creditor.

(2) Except where the order is made following an

application on notice , it need not be served

on the judgment debtor.

(3) Every such order must state the period within

which an application may be made to set

aside the registration and contain a notification that execution on the judgment

will not issue until after the expiration of that

period.

(4) The court may, on an application made at any

time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside

may be made.

(5) The court hearing the application may however direct

that notice be given to any person.

Register of judgments

78.5 (1) A register of the judgments ordered to be registered

under the Act must be kept in the court office.

(2) There must be included in each such register

particulars of any execution issued on a

judgment ordered to be so registered.

Notice of registration

78.6 (1) Notice of the registration of a judgment must

be served on the judgment debtor by

delivering it to him personally or in such

other manner as the court may direct.

(2) Service of such a notice out of the jurisdiction

is permissible without leave, and Rules 7.8,

7.9 and 7.10 apply in relation to such a notice

as they apply in relation to a claim form.

(3) The notice of registration must state -

(a) full particulars of the judgment

registered and the order for

registration,

(b) the name and address of the judgment

creditor or of his attorney or agent on

whom, and at which, any summons

issued by the judgment debtor

may be served;

(c) the right of the judgment debtor to

apply to have the registration set

aside; and

(d) the period within which an application

to set aside the registration may be

made.

Application to set aside registration

78.7 (1) An application to set aside the registration of

a judgment must be supported by affidavit.

(2) Where the court hearing an application to set

aside the registration of a judgment registered

under the Act is satisfied that the

judgment falls within any of the cases in

which a judgment may not be ordered to be

registered under section 4 of that Act or that it

is not just or convenient that the judgment

should be enforced in Trinidad and Tobago, it

may order the registration of the judgment to

be set aside on such terms as it directs.

Issue of execution

78.8 (1) Execution may not issue on a judgment registered

under the Ordinance until after the expiration of the

period which, in accordance with rule 78.4(3), is

specified in the order for registration as the period

within which an application may be made to set aside

the registration or, if that period has been extended by

the court, until after the expiration of that period as

so extended.

(2) If an application is made to set aside the registration

of a judgment, execution on the judgment may not

issue until after such application is finally determined.

(3) Any party wishing to issue execution on a judgment

registered under the Ordinance must produce to the proper officer an affidavit of service of the notice of registration of the judgment and any order made by the court in relation to the judgment.

Certified copy of High Court judgment

78.9 (1) An application under section 7 of the

Ordinance for a certified copy of a judgment

entered in the High Court must be made

without notice on affidavit to a judge in

chambers or master.

(2) An affidavit by which an application under

section 7 of the Ordinance is made must -

(a) give particulars of the judgment; and

(b) show that the judgment creditor

wishes to secure the enforcement of

the judgment in a part

(stating which) of the United

Kingdom or other Commonwealth

country to which the Ordinance

extends and state the name, trade or

business and the usual or last known

place of abode of the judgment

creditor and the judgment debtor

respectively, so far as known to the

deponent.

(3) The certified copy of the judgment

must be an office copy sealed with the

seal of the Supreme Court and

indorsed with a certificate signed by a

master as follows -

"I certify that the above copy

judgment is a true copy of a judgment

obtained in the Supreme Court of

Trinidad and Tobago and that this

copy is issued in accordance with

section 7 of the Judgments Extension

Act, Chap 5:02."