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Contents

Part I · Application of the Act

3. Judgments to which this Act shall apply

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The provisions of this Act shall apply to a judgment of a court of a foreign country specified in the Order published under section 2, only if such judgment is final and conclusive as between the parties to such judgment, and-

(a)

any one or more of the following conditions are satisfied by the applicant: -

(i)

the judgment-creditor or the judgment-debtor was a resident of the country of the original court at the time such judgment-creditor or the judgment-debtor, as the case may be, became a party to the proceedings in the original court;

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

(ii)

the judgment-debtor, if he is a natural person, had his principal place of business in the country of the original court at the time that judgment-debtor became a party to the proceedings in the original court;

(iii)

the judgment-creditor is the person who has obtained the judgment based on his claim or claim in reconvention in an action;

(iv)

the judgment-debtor has maintained a branch, agency or other establishment with or without separate legal personality in the country of the original court at the time such judgment-debtor became a party to the proceedings in the original court;

(v)

the judgment-debtor has agreed to submit or submitted to the jurisdiction of the original court;

(vi)

the property relating to the judgment, whether movable or immovable is situated in Sri

Lanka or in the country of the original court at the time of the proceedings in the original court;

(vii)

the applicant has derived any right, interest, benefit, title, status or entitlement under the judgment of the original court, as at the date of the judgment or thereafter; or

(b)

in the case of a judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage, only if such judgment is obtained in respect of a marriage registered under the Marriage

5

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

Registration Ordinance (Chapter 112), whether such marriage had been contracted prior to or after the appointed date or such judgment had been entered prior to or after the appointed date, and –

(i)

either party to the marriage was domiciled in such country as at the date of the judgment;

(ii)

either party to the marriage was habitually resident in such country for a period not less than one year immediately before the date of the judgment;

(iii)

either party to the marriage was a national of such country as at the date of the judgment;

or

(iv)

both parties have submitted to the jurisdiction of such court.

(2)

The provisions of this Act shall not apply to any tax, charge, fine or other penalty payable under a judgment of a court of a foreign country.

Part II

Recognition, Registration and Enforcement of Foreign Judgments

Part III

General Provisions