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Part II · Recognition, Registration and Enforcement of Foreign Judgments

5. Registration of a foreign judgment

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

(1)

Upon receipt of an application for recognition, registration and enforcement of a foreign judgment under section 4, if the registering court is prima facie satisfied that, as at the date of the application –

(a)

such judgment is a judgment to which this Act applies;

(b)

the applicant has derived any right, interest, benefit, title, status or entitlement under the judgment given by the original court; and

7

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

(c)

the application has been made within the period specified in section 4, the registering court shall proceed to register such judgment.

(2)

Subject to the provisions of this Act, where a judgment is registered in terms of this Act, such registered judgment shall be deemed to have the same force and effect and the same control over the execution of such judgment as if it had been a judgment originally given in the registering court and entered on the date of registration.

(3)

Where, as at the date of application for recognition and registration of a foreign judgment, a part of the relief awarded by the original court has been satisfied, the registering court may enforce the judgment only in respect of the unsatisfied part of the judgment.

Part III

General Provisions