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Reciprocal Enforcement of Judgments Act

Ordinance 9 of 1922 Current version · as at 31 December 2023

An Act for the enforcement in Uganda of judgments made in the United Kingdom and other Commonwealth countries and the Republic of Ireland.

Enacted1922
Commenced22 March 1922
Last amended—
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act for the enforcement in Uganda of judgments made in the United Kingdom and other Commonwealth countries and the Republic of Ireland.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 5 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Reciprocal Enforcement of Judgments Act

Commenced on 22 March 1922

[This is the version of this document at 31 December 2023.]

An Act for the enforcement in Uganda of judgments made in the United Kingdom and other Commonwealth countries and the Republic of Ireland.

Interpretation

(1)

In this Act, unless the context otherwise requires- "judgment" means any judgment or order given or made by a court in any civil proceedings, whether before or after the passing of this Act, by which any sum ofmoney is made payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place;

"judgment creditor" means the person by whom the judgment was obtained, and includes the successors and assigns of that person;

"judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given;

"original court", in relation to any judgment, means the court by which the judgment was given;

"registering court", in relation to any judgment, means the court by which the judgment was registered.

(2)

Subject to rules of court, any of the powers conferred by this Act may be exercised by a judge of the court.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“(1) In this Act, unless the context otherwise requires-”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. "judgment creditor" means the person by whom the judgment was obtained, and includes the successors and assigns of that person;
  2. "judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given;
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Enforcement of judgments obtained in superior courts in United Kingdom or Ireland

(1)

Where a judgment has been obtained in a superior court in the United Kingdom or the Republic of Ireland, the judgment creditor may apply to the High Court, at any time within twelve months after the date of the judgment, or such longer period as may be allowed by the court, to have the judgment registered in the court, and on any such application, the court may, if in all the circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Uganda, and subject to this section, order the judgment to be registered accordingly.

(2)

No judgment shall be ordered to be registered under this section-

(a)

the original court acted without jurisdiction;

(b)

the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court;

(c)

the judgment debtor, being the defendant in the proceedings, was not duly served with the process ofthe original court and did not appear, notwithstanding that he or she was ordinarily resident or was carrying on business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court;

(d)

the judgment was obtained by fraud;

(e)

the judgment debtor satisfies the registering court, either that an appeal is pending, or that he or she is entitled and intends to appeal, against the judgment; or

(f)

the judgment was in respect of a cause of action which, for reasons of public policy or for some other similar reason, could not have been entertained by the registering court.

(3)

Where a judgment is registered under this section-

(a)

the judgment shall, as from the date of registration, be of the same force and effect, and proceedings may be taken on the judgment, as if it had been a judgment originally obtained or entered upon the date ofregistration in the registering court;

(b)

the registering court shall have the same control and jurisdiction over the judgment as it has over similar judgments given by itself, but insofar only as relates to execution under this section;

(c)

the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining a certified copy of the judgment from the original court and of the application for registration, shall be recoverable in like manner as if they were sums payable under the judgment.

(4)

Rules of court shall provide-

(a)

for service on the judgment debtor, of notice of the registration of a judgment under this section;

(b)

for enabling the registering court, on an application by the judgment debtor, to set aside the registration of a judgment under this section on such terms as the court thinks fit; and

(c)

for suspending the execution of a judgment under this section until the expiration of the period during which the judgment debtor may apply to have the registration set aside.

(5)

In any action brought in any court in Uganda on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the court otherwise orders.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Enforcement of judgments obtained in superior courts in United Kingdom or Ireland”.

“(1) Where a judgment has been obtained in a superior court in the United Kingdom or the Republic of Ireland, the judgment creditor may apply to the High Court, at any time within twelve months after the date of the judgment, or such longer period as may be allowed by the court, to have the judgment registered in the court, and on any such application, the court may, if in all the circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Uganda, and subject to this…”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

17
  1. (1) Where a judgment has been obtained in a superior court in the United Kingdom or the Republic of Ireland, the judgment creditor may apply to the High Court, at any time within twelve months after the date of the judgment, or such longer period as may be allowed by the court, to have the judgment registered in the court, and on any such application, the court may, if in all the circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Uganda, and subject to this section, order the judgment to be registered accordingly.
  2. (2) No judgment shall be ordered to be registered under this section-
  3. (a) the original court acted without jurisdiction;
  4. (b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court;
  5. (c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process ofthe original court and did not appear, notwithstanding that he or she was ordinarily resident or was carrying on business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court;
  6. (d) the judgment was obtained by fraud;
  7. (e) the judgment debtor satisfies the registering court, either that an appeal is pending, or that he or she is entitled and intends to appeal, against the judgment; or
  8. (f) the judgment was in respect of a cause of action which, for reasons of public policy or for some other similar reason, could not have been entertained by the registering court.

9 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
Section 2 of the Reciprocal Enforcement of Judgments Act, cap 21 requires court, on application by the judgment creditor, to order judgments obtained in a superior court in the United Kingdom (UK) or the Republic of Ireland to be registered in the court.
Aloyo v Ogwok (Civil Suit (originating Summons) No. 10 of 2013) [2014] UGHCFD 27 (29 April 2014)
[2014] UGHCFD 27 · High Court · 2014-04-29

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Issue of certificates of judgments obtained in Uganda

In any action brought in any court in Uganda on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the court otherwise orders

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Issue of certificates of judgments obtained in Uganda”.

“In any action brought in any court in Uganda on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the court otherwise orders”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. In any action brought in any court in Uganda on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the court otherwise orders
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power to make rules

Provision may be made by rules of court for regulating the practice and procedure, including scales of fees and evidence, in respect of proceedings of any kind under this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to make rules”.

“Provision may be made by rules of court for regulating the practice and procedure, including scales of fees and evidence, in respect of proceedings of any kind under this Act”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Provision may be made by rules of court for regulating the practice and procedure, including scales of fees and evidence, in respect of proceedings of any kind under this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power to apply this Act to Commonwealth countries outside the United Kingdom

Where the Minister is satisfied that reciprocal provisions have been made by the legislature of any Commonwealth country outside the United Kingdom for the enforcement within that country of judgments obtained in the High Court, the Minister may, by statutory order, declare that this Act shall extend to judgments obtained in a superior court in that country in the like manner as it extends to judgments obtained in a superior court in the United Kingdom, and on any such order being made, this Act shall extend accordingly

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to apply this Act to Commonwealth countries outside the United Kingdom”.

“Where the Minister is satisfied that reciprocal provisions have been made by the legislature of any Commonwealth country outside the United Kingdom for the enforcement within that country of judgments obtained in the High Court, the Minister may, by statutory order, declare that this Act shall extend to judgments obtained in a superior court in that country in the like manner as it extends to judgments obtained in a superior court in the United Kingdom, and on any such order being made, this Act shall extend…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where the Minister is satisfied that reciprocal provisions have been made by the legislature of any Commonwealth country outside the United Kingdom for the enforcement within that country of judgments obtained in the High Court, the Minister may, by statutory order, declare that this Act shall extend to judgments obtained in a superior court in that country in the like manner as it extends to judgments obtained in a superior court in the United Kingdom, and on any such order being made, this Act shall extend accordingly
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.