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[O. 71, rr. 1-5

ORDER 71

RECIPROCAL ENFORCEMENT OF JUDGMENTS

Powers under Relevant Ordinance Exercisable by Judge

1. The powers conferred on the Supreme Court by the Judgments Extension Ordinance Ch. 5 No. 9 (in this Order referred to as "the Ordinance") may be exercised by a Judge in Chambers.

Application for Registration

2.(1) An application under the Ordinance to have a judgment within the meaning of the Ordinance and to which the Ordinance applies registered in the Supreme Court may be made ex parte but the Court hearing the application may direct a summons to be issued.

(2) If the Court directs a summons to be issued, the summons shall be an originating summons.

(3) No appearance need be entered to an originating summons under this rule.

Evidence in Support of Application

3. (1) An application for registration must be supported by an affidavit-

(a) annexing or 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;

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

(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, of the amount in respect of which it remains unsatisfied;

(iii) that the judgment does not fall within any of the cases in which under section 4 of the Ordinance a judgment cannot properly be ordered to be registered;

(iv) that the registration would not be or be liable to be set aside;

(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.

(2) Where the sum payable under a judgment sought to be registered is expressed in a currency other than the currency of Trinidad and Tobago, the affidavit must also state the amount which that sum represents in the currency of Trinidad and Tobago calculated at the rate of exchange prevailing at the date of the judgment.

Security for Costs

4. 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

5. (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 on summons, no such order need be served on the judgment debtor.

(3) Every such order shall state the period within which an application may be made to set aside the registration and shall 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.

[O. 71, rr. 6-10

Register of Judgments

6. (1) There shall be kept in the Registry a register of the judgments ordered to be registered under the Ordinance.

(2) There shall be included in such register particulars of any execution issued on a judgment ordered to be so registered.

Notice of Registration

7. (1) Notice of the registration of a judgment must be served on the judgment debtor and, subject to paragraph (2), must be served personally unless the Court otherwise orders.

(2) Service of such a notice out of the jurisdiction in permissible without leave, and Order 11, rules 5,6 and 7 shall apply in relation to such a notice as they apply in relation to notice of a writ.

(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 solicitor or agent on whom, and at which , any summons issued by the judgment debtor my be served;

(d) the period within which an application to set aside the registration may be made.

Indorsement of Service

8. (1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be indorsed by the person who served it with the day of the week and date on which it was served; and, if the notice is not so indorsed within the period aforesaid, the judgment creditor may not issue execution on the judgment to which the notice relates without the leave of the Court.

(2) Every affidavit of service of any such notice must state the date on which the notice was indorsed under this rule.

Application to Set Aside Registration

9. (1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.

(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Ordinance is satisfied that the judgment falls within any of the cases in which a judgment was not intended to be registered under section 4 of that Ordinance or that it is not just or convenient that the judgment should be enforced in this territory or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit and either altogether or until such time as it shall direct.

Issue of Execution

10. (1) Execution shall not issue on a judgment registered under the Ordinance until after the expiration of the period which, in accordance with rule 5(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 shall 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.

[O. 71, r. 11

Certified Copy of High Court Judgment

11. (1) An application under section 7 of the Ordinance for a certified copy of a judgment obtained in the Supreme Court shall be made ex parte to a Judge in chambers on affidavit.

(2) An affidavit by which an application under section 7 of the Ordinance is made must give particulars of the judgment, show that the judgment debtor is resident in some (stating which) part 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 shall be an office copy sealed with the seal of the Supreme Court and shall be certified by the Registrar 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 Ordinance, Ch. 5 No. 9."

Signed…………………………………………………

Registrar